Originally published on the HR Law blog, BCCA clarifies McKinley: “contextual approach” and prior discipline, by partner Lisa Gallivan and associate Alison Strachan, has and will be reproduced in a variety of LexisNexis Canada Inc. publications, including The Ultimate HR Manual, Labour Notes and The Canadian Employment Law Guide.

This piece comments on a case that gave the British Columbia Court of Appeal an opportunity to clarify the law of cumulative cause, which will assist employers who argue just cause in the context of employment, when other performance issues are involved.