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employee knew or was warned that his orher behaviour was wrong, as well ascountless other factors. As what constitutes“just cause” varies with the circumstances, itis impossible to provide a list of behavioursthat will justify the summary dismissal of anemployee. However, clear evidence of thefollowing behaviours can generally justifytermination:Gross incompetence;Insubordination;Conflict of interest; andTheft.Terminations without causeWhen laying off employees or terminatingwithout cause, employers must providereasonable notice or pay in lieu of notice.Employers will have several decisions tomake including how much notice to offer,how to structure the notice, and whether torequire employees to re-pay the pay in lieuof notice if they obtain alternativeemployment during the notice period.unionized employers may want to givesome consideration to:SUMMARYstrike planning and avoidance;strategic collective bargaining andthe bargaining process; andthe practicalities of managinggrievances and grievancearbitrations.This chapter provides a broad overview ofsome of the laws that apply to employmentrelationships in Atlantic Canada. There aresignificant and complex issues that affectthe workplace, but most, if not all, can beaddressed and managed through theadoption of an appropriate legal and humanresources strategy.As noted above, a properly draftedemployment agreement may provide for anemployee’s entitlement and an employer’sobligations upon termination.Additional Practical Considerations forUnionized EmployersWhile a number of minimum statutoryrequirements do apply to employers whoare unionized, the rights and responsibilitiesof such employers are further defined by thecollective agreement negotiated betweenthe parties. In addition to understanding allof these rights and responsibilities,Employment and Labour Law 106

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