Terminating Employees for Lying
Can you fire an employee for lying?
The answer depends on whether you can still trust that employee to do her job faithfully and effectively. At the end of the day, it’s up to the courts and arbitrators to determine whether an employer had just cause to terminate an employee for lying. Use this Scorecard, which sums up some of the leading cases across the country, to determine whether one of your own employees can be fired for telling a lie.
LYING IS JUST CAUSE TO TERMINATE |
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What Happened |
Why Court Upheld Termination |
Car service fires driver for not reporting that his licence had been revoked: Collins v. Cascade Services 2008 Ltd., [2011] C.L.A.D. No. 284, Sept. 16, 2011 |
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Business manager of 20 years fired for not reporting theft of $1,800 by colleagues: Houlihan v. McEvoy, [2002] B.C.J. No. 8, Jan. 4, 2002 |
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Branch manager fired for misleading company investigator about his romantic involvement with a subordinate: Carroll v. Emco Corp., 2007 BCCA 186, March 19, 2007 | Although not specifically asked if he had slept with the subordinate, the manager was deliberately deceitful, especially for someone in management |
Ontario government employee fired for lying about repaying an improper loan and preparing false documents to back his denial: Dowling v. Ontario, 2004 CanLII 43692 (ON C.A.), Nov. 26, 2004 |
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Plant manager fired for lying about his aggressive and derogatory treatment of employees: Fewer v. Michelin North America (Canada) Inc., 2000 CanLII 3486 (NS S.C.), Jan. 11, 2000 |
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Payroll manager fired for manipulating payroll accounts: Poirier v. Wal-Mart Canada Corp., 2006 BCSC 1138 (CanLII), July 24, 2006 |
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School custodian on leave with a bad back fired after surveillance cameras capture him engaging in strenuous physical activity: Kingston (City) v. CUPE, Local 109 (McLaughlin Grievance), [2010] O.L.A.A. No. 146, March 12, 2010 |
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Supervisor fired for falsely denying that he was napping on the job: Richardson v. Davis Wire Industries Ltd., 1997 CanLII 4221 (BCSC), April 21, 1997 |
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LYING IS NOT JUST CAUSE TO TERMINATE |
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What Happened |
Why Court Didn’t Uphold Termination |
Court reinstates insurance company employee fired for accessing the private records of a co-worker without authorization: Petit v. Insurance Corporation of British Columbia, 1995 CanLII 177 (BC S.C.), July 6, 2005 |
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Court finds termination of pharmaceutical executive for fudging his expense reports was wrongful and awards him 8 months’ notice: Leitner v. Wyeth Canada, [2010] O.J. No. 351, Jan. 21, 2010 |
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