Question:
Philip Kelly was a materials manager for Linamar Corporation. He supervised approximately 10 to 12 employees, some reporting to him directly and some indirectly. He was required to instruct his staff on a regular basis and had disciplinary authority over them. In addition, he was a member of the plant operating committee, which was a management committee. As such, he was regularly involved with management issues with his peers and other divisions of the company. In addition to his responsibilities within the company, Kelly was also responsible for contact with suppliers and customers of the company. He had worked at five different divisions of the company and was well known throughout the organization. On 21 January 2003, Kelly was charged with possession of child pornography as a result of an investigation into a Texas child porn ring. By that time, he had been an employee with the company for 14 years, had a good employment record, and was earning $64 000 per year. Two days later Linamar dismissed Kelly for cause.37 Does Linamar have just cause for dismissal? Who has the onus to prove just cause? What is the standard of proof? What factors will the court consider in determining whether just cause exists?