What is the test for just cause in the context of just cause cases?
Ontario, Canada
The following excerpt is from Rodrigues v. Powell, 2007 CanLII 29343 (ON SC):
In considering all of the circumstances in determining whether just cause exists, the nature and extent of the misconduct must be determined; the surrounding circumstances must be considered; and finally, whether the dismissal is warranted must be decided. In short, the “contextual approach” involves the principle of proportionality in determining whether behaviour was such that the employment relationship could no longer viably subsist. (see: McKinley v. B.C. Tel, 2001 SCC 38 (CanLII), [2001] 2 S.C.R. 161). 7. WAS RODRIGUES DISMISSED FOR JUST CAUSE?
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