Just Cause Dismissal in Alberta: What Employees Need to Know

Being dismissed for just cause may have immediate financial and professional consequences. An employer alleging just cause may terminate your employment without notice or termination pay. If you have been fired for cause in Alberta, it is important to understand that a just cause dismissal is not established simply because an employer says it is, and it is difficult for an employer to prove termination for cause was justified.

This page explains what just cause means under Alberta employment law, when an employer may rely on it, and what you can do if you believe the allegation is unfair.

What Is Just Cause for Dismissal?

Just cause is serious employee misconduct that is incompatible with continuing the employment relationship. It is also called summary dismissal or termination for cause.

Where just cause is proven, an employer terminates employment without working notice or pay in lieu of notice. Because the consequences are severe, just cause is an exceptional and fact-specific basis for dismissal.

What Happens When You Are Terminated Without Cause?

Employers are entitled to make business decisions that include terminating an employee’s employment with or without cause. When employment ends without cause, an employee is entitled to notice of termination or pay in lieu of notice, subject to the terms of an enforceable employment agreement and minimum employment standards requirements. If the employer provides reasonable or contractual notice, the employer has complied with its obligations, and the dismissal is not wrongful.

Notice or termination pay is intended to provide a financial bridge while the dismissed employee seeks replacement employment. A just-cause dismissal, if established, removes that entitlement leaving an employee with no severance pay and a tarnished reputation. 

How Is Just Cause Assessed in Alberta?

Alberta courts apply a contextual and proportional assessment. The employer must prove the alleged misconduct on a balance of probabilities and show that the misconduct, viewed in all the circumstances, caused a breakdown in the employment relationship that made dismissal without notice warranted.

The central question is not simply whether misconduct occurred. It is whether the nature and seriousness of the proven conduct made continued employment untenable. Courts may consider whether the misconduct:

• violated an essential condition of employment;
• was fundamentally inconsistent with the employee’s obligations;
• destroyed the mutual trust required for the employment relationship; or
• otherwise caused a breakdown in the relationship.

The employer bears the burden of proving just cause. The dismissal must also be proportionate to the proven misconduct.

Does Misconduct Always Mean an Employer Has Just Cause?

No. The same type of conduct may support just cause in one workplace or role but not another. The result depends on the particular facts, including the employee’s position, length of service, disciplinary history, workplace policies, the seriousness of the conduct, whether the employer previously condoned it, and whether progressive discipline was appropriate.

In some circumstances, a single serious incident may justify summary dismissal. In others, an employer may need to investigate, document concerns, and use progressive discipline before terminating employment for cause. The employer’s investigation and decision-making process can be important when evaluating whether a just cause allegation is defensible.

Conduct Employers May Rely On When Alleging Just Cause

Employers sometimes allege just cause based on conduct such as:

• theft of company property or time theft;
• dishonesty or a breach of confidentiality;
• an undisclosed conflict of interest;
• assault, sexual assault, harassment, or workplace violence;
• insubordination, serious incompetence, or habitual neglect of duties; and
• a serious breach of company policy or disregard for safety protocols.

This is not an exhaustive list. None of these allegations automatically establishes just cause. The evidence, context, workplace rules, and proportionality of dismissal all matter.

What Should You Do If You Are Fired for Just Cause?

If your employer says you were dismissed for just cause, do not assume that you have no entitlement to notice or compensation. Preserve the documents and information that may help explain what happened, including your termination letter, employment agreement, workplace policies, performance reviews, disciplinary correspondence, investigation materials, and relevant emails or messages.

You should also make a detailed record of the events leading to your termination while they are fresh in your memory. Do not sign a release, settlement, or other termination document without first understanding its effect.

An employer may allege just cause but ultimately be unable to prove it. If the allegation is not established, an employee may have a claim for notice-related damages and, in appropriate circumstances, additional damages for an employer’s bad faith conduct or reputational harm.

Getz Collins and Associates: Advice on Just Cause Dismissals in Alberta

The employment lawyers at Getz Collins and Associates advise Alberta employees on workplace investigations, progressive discipline, wrongful dismissal, and just cause dismissal issues.

From our Calgary office, Getz Collins and Associates advises employees throughout Alberta, including Calgary, Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, Hussar, and surrounding communities.

If you have been dismissed for just cause or believe your employer has unfairly denied you termination pay, call 587-391-5600 or contact us online to schedule a consultation with a Calgary employment lawyer.