It is accepted to mean the employee knew what to do and deliberately did not do it, or knew what not to do, and deliberately did it. A mistake, especially if due to inexperience or lack of training, is not considered to be wilful misconduct. Some examples, such as theft, fraud, dishonesty, and conflict of interest, require only one provable incident to justify dismissal without compensation or notice. Others, like poor performance, low productivity, absenteeism or tardiness, usually require an employer to advise the employee of expectations, and the consequence of dismissal for failure to meet expectations. In determining whether just cause exists, the Director will consider the concept of corrective discipline.
Corrective discipline involves attempts by employers to correct unsatisfactory performance.
Simple dissatisfaction with performance is not just cause. The employer has to show that the employee was warned of performance problems and that dismissal was the outcome for failure to meet reasonable performance standards. Employees who fail to respond to corrective discipline may be terminated for just cause. The termination must relate to the matters which gave rise to the corrective discipline. The employer must prove that there has been a proper application of corrective discipline procedures.