Tuesday, September 17, 2013

Just cause a factual issue

Dziecielski v. Lighting Dimensions Inc., 2013 ONCA 565:

[1]          The determination of just cause is essentially factual.  Here the trial judge found that the employee's conduct in these circumstances, amounted to serious misconduct despite his unblemished employment record to that point. We see no error, let alone a palpable and overriding error which must be demonstrated on appeal in order to interfere with the trial judge's finding.

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