A British Columbia arbitrator has ruled that dismissal was excessive for a worker’s repeated bad behaviour but declined to reinstate him because the employment relationship was too damaged.

Although the employer didn’t have just cause, it was still a win, according to Richard B. Johnson, a labour and employment lawyer at Ascent Employment Law in Vancouver.

“The fact that this employee still remains out of the workplace, even if [the employer] may have to pay damages, is better for everybody, especially the employer,” says Johnson.

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