Halifax partner Rick Dunlop and associate Jessica Morrison have published an article in the Canadian Bar Association National Labour and Employment Law Section Newsletter, entitled "Proving just cause: MacBurnie v. Halterm Container Terminal." Rick and Jessica successfully represented Halterm at trial.
Within their article, Rick and Jessica discuss how critical it is for an employer to have sufficient evidence to support a finding of just cause termination, as they review the termination of a 22-year employee in the case of MacBurnie v. Halterm Container Terminal, 2013 NSSC 361. Rick and Jessica discuss the three steps in building this case and stress the importance for employers to document all meetings and communications with the employee about their concerns and expectations in the workplace. These records can act as sources of evidence should the employee later be dismissed.