Maria was employed by Happy Chickens Poultry Farm from October 3, 2014 to January 19, 2015, when she was dismissed. Her principle duties were collecting and cleaning eggs. When she was hired, she was trained by two other employees. The employer produced a letter, signed by these employees, attesting to the fact that Maclean was trained to perform her job duties. One of her job duties, a half hour of daily cleaning, was not always done completely and correctly. This was pointed out to her, with no noticeable improvement in her job performance. Maria was terminated over the phone by the book-keeper on January 19, 2015. She then called the owner of Happy Chickens, and he confirmed that she had been terminated.

Maria complained to Employment Standards, stating that she had not been trained properly and had no idea that her work performance had been unsatisfactory.

Happy Chickens Poultry Farm is a non-unionized company operating in British Columbia.

Did the employer have “just cause” to terminate Maria’s employment? If you were the Arbitrator, what issues would you consider in this case? Is Maria entitled to any compensation? If so how much: Explain your decision.