The phrase “Dismissal with just cause” is very self-explanatory in terms that it

reiterates on the aspect of a validified termination bearing a just reason.

Incompetent behavior, neglect and misconduct showcase a just cause of
dismissal on the employee’s part. The reasonability of a just cause dismissal has
a number of factors basis which the same is analyzed. The reasons would range
from, what was the nature and circumstance of such misconduct by the
employee & if it can be proven and whether the dismissal is appropriate in
accordance with the misconduct ad valid in the eyes of law. (Chittley-Young,
2016)

The onus and standard of proof are the employers’ duty to show that the
employee breached the employment contract in a fundamental manner
(Filsinger, 2019). Taking an example of the case Phanlouvong v. Northfield
Metal Products (2014) where we can see how tedious it is to prove dismissal of
cause and how the onus of the proof is Employers’ alone. In this case, Mr.
Phanlouvong worked in a manufacturing unit with 3 other employees run by
Northfield. He did not get along with one Mr. Bailey. One morning prior to
work starting, Mr. Bailey walked past Phanlouvong with his hands stretched
and dirty gloves knocking him with his elbow. In a reflex, Phanlouvong reacted
and punched him in the face breaking hi glasses and causing him a bleeding
nose. Northfield upon internal investigations dismissed Phanlouvong for his
conduct. Phanlouvong filed a claim of wrongful dismissal which he won and
was awarded a severance package. The court found that Northfield failed in
showcasing reasonable justifications and alternatives other than termination
given that the employee has an exemplary track record of 18 years.

In short, a just cause dismissal is basically a termination without notice. An

employer should have a reason for dismissal else refrain from using ‘dismissal
with just cause’. The Ontario Human Rights Act which governs an Ontario
employer in law requires for them to provide reasonable accommodation to the
employee to perform their job (Team, 2022). For absences that relate to
disabilities, the Human Rights Code requires employers to accommodate
employees up to the point of undue hardship (Filsinger, 2019).

The present case of the Toronto firefighters is a case to opine whether their
dismissal is one considered of just cause or not. On the face of it, the very fact
that they tweeted sexist comments about women showcases discrimination and
misogyny to a level marking a human rights violation in the eyes of law. Can
offensive tweeting done off-duty be considered as an a just cause for dismissal?
The law very much considers this as a dismissal with just cause so long as it
brings harm to employer’s reputation and to other fellow employees as well. In
my opinion, the termination of the two firefighters was absolutely justified
because their comments/tweets were discriminatory to the extent marking
privacy intrusions, misogyny(sex), sexual themes, disabilities etc.
In another case where termination was justified for off duty misconduct as a test
of dismissal was In Re: Millhaven Fibres Ltd. v. Atomic Workers Int'l Union,
Local 9-670, [1967] O.L.A.A. No.4, where the employer ought to prove if the
employees’ behaviour causes harm to the employers’ reputation, that if the
griever’s behaviour causes the other employees inability to work or perform
their works in a satisfactory manner, that griever is guilty of breach of the
criminal code of conduct. If the arbitrator as a decision maker proves any of the
mentioned factors, the same is valid just cause for dismissal (Demeo, 2015)

References:

1. Filsinger, K. J. (2019). Employment law for business and human resources

professionals. Emond. [pp. 467]

2. Chittley-Young, K. (2016, March 10). What Is Just Cause For Dismissal? Things You

Need to Know. KCY at LAW. https://www.kcyatlaw.ca/what-is-just-cause-for-

dismissal/ [Online Article, accessed on 23-01-2023]

3. Phanlouvong v. Northfield Metal Products (1994) Ltd. et al, 2014 ONSC 6585

(CanLII), https://www.canlii.org/en/on/onsc/doc/2014/2014onsc6585/2014onsc6585.h

tml?resultIndex=2 , retrieved on 23-01-2023

4. Team. (2022, March 22). What Is Just Cause Termination? Achkar Law.

https://www.achkarlaw.com/what-is-just-cause-termination/ [Online Article,

accessed on 23-01-2023]

5. Matthew Demeo. (2015, January 22). Canada: Terminated For Tweeting: A Tale Of

Two Toronto Firefighters. Mondaq. https://www.mondaq.com/canada/employee-

rights-labour-relations/368310/terminated-for-tweeting-a-tale-of-two-toronto-

firefighters [Online Article, accessed on 23-01-2023]