Safety & HCM Post

Trial Needed to Decide If Domestic Violence Is Just Cause to Fire

A housing authority discovers that a live-in manager assaulted his ex-girlfriend and her pregnant daughter in separate incidents. Concluding that it can no longer trust the manager to do his job without posing a threat to residents, the authority fires him for what it’s sure constitutes just cause. But the court is less sure and refuses to dismiss the case. The facts are fuzzy, the court reasons, and a trial is necessary to sort out what the authority knew about the manager and his violent propensities and when it knew it, whether the had any disabilities requiring accommodation under human rights law and whether there were any mitigating circumstances involved [Nuttall v. Kenora District Services Board, 2018 ONSC 3859 (CanLII), June 19, 2018].

Bongarde Editorial

Bongarde Editorial

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