Issue: The notion of serious reason to terminate. Complete Decision.
The Facts: The employer terminates the V.P. finance. The reason given by the employer is his failure to achieve the financial objectives. The evidence revealed that the financial difficulties of the employer were related to the the financial crisis, the Canadian dollar and the cost of oil.
Decision: The court maintained the decision of the judge at first instance. Namely, that the employer did not have a serious reason to terminate the employee. The notion of serious reason applies to all employees no matter what their hierarchical rank. The notion of serious reason or just cause justifying the termination without notice or termination pay is a serious and repeated failure by the employee to comply with his obligations taking in consideration the circumstances of each case.