Being terminated for just cause can feel sudden, confusing, and devastating. Employers often claim that misconduct justifies firing an employee without notice or severance, but under Ontario employment law, just cause is extremely difficult to prove.
The law is clear:
An employer who terminates an indefinite-term employee must provide reasonable notice or pay in lieu of notice, unless the employer can prove that the employee’s own conduct made continued employment all but impossible.
Courts and tribunals consistently describe just cause as a high legal threshold, placing the entire burden of proof on the employer. Even serious allegations may fall short if the employer failed to properly investigate, relied on outdated incidents, or skipped progressive discipline. As a result, many so-called “just cause” terminations are later found to be wrongful dismissals.
What is Just Cause for Termination?
Just cause exists only where an employee’s conduct is so severe that it fundamentally breaks the employment relationship. This can occur in one of two ways:
- A single, serious act of misconduct that is so severe it irreparably breaks the employment relationship, or
- A series of cumulative instances of misconduct that continues despite clear warnings, reprimands, and progressive discipline
Importantly, poor performance, minor misconduct, or isolated mistakes almost never amount to just cause.
The Employer’s Burden: Why Just Cause Is Hard to Prove
An employer alleging just cause, bears the entire responsibility of proving the following:
- That each allegation of misconduct occurred
- That the misconduct does in fact meet the standard of just cause
- That dismissal was a proportionate response, considering context, history, and alternatives
- That continued employment has become all but impossible
If the employer fails on any one of these points, then the just cause defence collapses.
Common Employer Mistakes in Just Cause Terminations
Given the burden placed on employers to prove just cause, it’s easy to see how employers often make a mistake when terminating an employee without notice and alleging just cause.
Employers frequently get just cause wrong by:
- Responding too harshly to a single allegation without fully investigating what happened
- Failing to conduct a fair and thorough investigation
- Relying too heavily on far in the past or unrelated incidents of misconduct
- Ignoring improvement in employee behaviour
- Skipping or rushing progressive discipline
These missteps often turn into a wrongful dismissal claim.
Case Example: Kiiveriv. Four Seasons Whistler (2025)
In Kiiveri v. Four Seasons Whistler Hotel Limited Partnership (2025 BCCRT 1613), the employer summarily dismissed an employee based on a series of misconduct warnings. However, the Tribunal found that the employer did not have just cause.
Why?
There was a 15-month gap between the final and penultimate allegations of misconduct. During that time, the Tribunal found that the employee’s behaviour had improved in that period. The Tribunal gave little weight to the earlier, “stale” allegations. Given this, the final allegation was not enough to prove that the employee’s conduct had irreparably damaged the employment relationship, and that there would have been a path forward to continuing it.
The decision reinforces a key principle:
Past misconduct loses force when an employee demonstrates improvement.
Frequently Asked Questions
Can an employer fire me for just cause without severance?
Only in rare cases. Just cause requires serious misconduct and is difficult for employers to prove.
Does one mistake equal just cause?
Almost never. Courts require context, severity, and proportionality.
Can old warnings be used to justify termination?
Not if they are stale, unrelated, or followed by improved behaviour.
Who has to prove just cause?
The employer – entirely.
Does serious misconduct automatically mean just cause for termination?
No. Even serious misconduct does not automatically amount to just cause. Ontario courts require employers to prove that the misconduct was severe enough, in context, to make continued employment impossible. This includes examining the employee’s role, length of service, disciplinary history, and whether progressive discipline or lesser penalties were available. If dismissal is not a proportionate response, just cause will not be established.
How Can Whitten and Lublin Help?
Employees accused of misconduct and terminated without notice are often placed in an unfair and vulnerable position. They are often at the mercy of employers who have a much greater understanding of the law. This can create a confusing and scary situation when employees are forced to navigate it on their own. What may be framed as “just cause” is frequently an overreach.
If you have been dismissed for just cause, accused of misconduct, or denied severance, Whitten & Lublin can assess whether your termination was truly justified, or whether your employer got it wrong. We help employees reclaim control, challenge improper dismissals, and pursue the compensation they are legally entitled to.
Whitten and Lublin is here to help. Contact us online or by phone at (416) 640-2667 to speak to an experienced employment lawyer.
