The employer appealed a trial decision finding it lacked just cause to dismiss the employee for a single instance of poor judgment.
The Court of Appeal dismissed the appeal, holding that the trial judge correctly applied the contextual approach from McKinley v. BC Tel.
The court also upheld the trial judge's assessment of the notice period, rejected the argument that subsequent dealings with the Unemployment Insurance Commission should reduce the notice period, and found no error in the costs award under Rule 49.10.
