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Not every improper or unfortunate action by an employee merits termination. Courts consider a number of factors to determine if a termination is warranted for an employee’s behaviour, including criticizing the boss. This includes:
- Whether it’s a first offence:
- While there isn’t a hard and fast rule, the Courts have often determined that it takes at least two incidents to fire an employee for insubordination or insolence and an employee should first be warned. There are, however, cases where an employee was terminated at first instance
- Whether the employee was provoked
- How long the employee had worked for the company:
- The longer, more distinguished the service record, the harder it is to prove cause
- The employee’s position (employees in positions of responsibility are generally expected to demonstrate more discretion than lower level employees)
- Remorse – taking responsibility and expressing regret can diminish the seriousness of an offence and the penalty it carries. Lack of these actions can have the opposite effect
