Question

Case 2: Greg

Greg had worked for two years as games supervisor at a casino. His job was to monitor the dealers. He enjoyed his job and he joked around with his boss, Michael, all the time. One day, Michael saw Greg spending a lot of time with one dealer who had nobody at her table and he told Greg to do his job and keep his eyes on his tables. Greg started to make loud kissing sounds and, suggesting that Michael was “sucking up” to management, he started making very crude gestures. When Michael asked him to stop, Greg continued. All of this was witnessed by a security guard and customers at nearby card tables. A week later, Greg was brought into the office and terminated for just cause, with no pay in lieu of notice. This was not the first time Greg had been disciplined for a lack of etiquette and professionalism, but it was the most serious incident. Greg sued for wrongful dismissal. In court he denied making the crude gestures, saying he only made kissing sounds and it was part of their ongoing banter. Did the employer have just cause under the common law to dismiss Greg? Explain your answer.

Answer 1

Yes, the employer, Michael, has cumulative just cause under the common law to terminate Greg because even though the misconduct was minor (making gestures), it was repetitive to which Greg agreed to as "ongoing banter" with his boss, Michael. His actions were not at all professional and were quite disrespectful and were enough for an employer to prove cumulative just cause:

1) The employee, Greg, was given a fair and clear warning regarding his performances even prior to the incident.

2) Reasonable time was given to the employee, Greg, to improve.

3) The employee, Greg, failed to improve and kept it going as "ongoing banter".

4) Cumulative failings of the employee jeopardized the business of the employer. Greg, the employee, made all those gestures in public where the customers and security guard at the nearby tables were witnessing the incident.