Just Cause Termination/ Alberta

[Idania Ayana]

#94500

Forum: Private

Good morning

I have a case that I believe could be classified as dismissal for just cause.
This employee has been with the organization for 10 years (she has taken 2 maternity leaves in between). Her role in the organization requires her to provide direct support to a person with a disability (as that is the core of our organization, and they are our clients). Based on her job description, our internal policies, and a government policy for people with disabilities, abuse of our clients is not permitted. She committed neglect (which falls under the types of abuse) and we received the neglect report from a member of another disability support agency (she left a person under mandatory 24/7 supervision, in a locked car in the -20°C winter for more than 10 minutes to go to the grocery store to buy food for the disabled person, since our client was asleep). The situation meets all elements of negligence according to our policies, government policies, and the mandatory training she hashave received. My question is: what category of just cause can we use: willful disobedience or gross incompetence?

[Haley O’Halloran]

#94501

Hi there! Because this question has a lot of legal implications attached to it outside of terminating an employee (posing a threat to a vulnerable client’s bodily harm while on company time, for example), I would highly recommend you seek out legal counsel. This scope is beyond “Ask The Expert” and it appears that this employee not only took advantage of you as an employer, but may be a dangerous individual, especially when working in this field. A lawyer can advise you on how to proceed both with termination and any other counsel you may need to navigate this process. Please also be weary of any action that may be taken by the affected client, as well – document everything and present all of this to a lawyer.

Best of luck and sincerest apologies about this employee’s conduct. It is in no way acceptable.

-HRInsider staff

[Author]

Posts