Post-dismissal misconduct grounds for just cause

By Nikolay Chsherbinin (February 4, 2021, 8:28 AM EST) -- A dismissal for just cause is a matter of substance, not form. The central question concerning just cause is whether an employee’s misconduct is sufficiently serious that it strikes at the heart of the employment relationship. The answer to this question requires a factual inquiry through a contextual examination of the nature and circumstances of the misconduct. These observations create an impression that the concept of just cause is concerned with a retrospective assessment of the employee’s pre-dismissal conduct. However, this is not always so. In limited circumstances, just cause can be asserted in relation to an employee’s post-dismissal conduct....