Just Cause and Butt For

The expression “but for” is commonly used in the law. Usually “but for” is used in the context of causation analysis, that is, “but for” x, y would not have happened. However, butts (with two "t"s) are used for other things; like mooning.

Jason Selch has cojones, and given his actions it is possible that his employer has seen them. If readers have not already figured matters out, Mr. Selch mooned the board of his employer during one of their meetings. He was subsequently fired for just cause. His claim was dismissed on summary judgment by the circuit court of Cook County, Illinois. Mr. Selch appealed and reasons for decision were released at 2011 IL App (1st) 111434.

This post will consider Mr. Selch’s actions and the court’s decision.

Employer Liable for Misrepresenting Position

I tend in this blog to focus on recent case law, a trend I do not intend to stop. However, from time to time, it is interesting to focus on the classics, the foundations of Canadian employment law.

One of the key cases in this area is Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 SCR 87; a case often thought of as establishing the test for the tort of negligent misrepresentation. And, while it is true that Cognos is the leading case on that point, Cognos was also an employment case and the facts underlying it are unfortunately more common than they should be.

Employee Fired by Mistake had Duty to Return

“Baby come back, you can blame it all on me. I was wrong, and I just can't live without you.” Player in their 1977 hit “Baby come back.”

“In all seriousness however, what if an employer was fired by mistake? Could that employee still sue for wrongful dismissal?

Incredibly, that was the question that the Honourable Justice Richard Lococo was called upon to answer in the case of Chevalier v. Active Tire & Auto Centre Inc., 2012 ONSC 4309 (CanLII).

Fired After Maternity Leave

An Ontario employer cannot fire an employee while she is on maternity leave simply because she is on maternity leave. Ontario law protects the employee’s position while she is away. But, what happens when an employee who has been on maternity leave returns and is then terminated?

Names Will Get You Fired

Is calling your boss negligent and dishonest just cause for dismissal? It depends on who you ask it would appear.

In a decision released August 17^th, 2012, Bennett v. Cunningham, 2012 ONCA 540, the Court of Appeal for Ontario reversed the decision of the Ontario Divisional Court, which had itself reversed the decision of an Ontario Superior Court judge.