Clarification of an article in Contract of Employment.

[Artashes]

I know some will jump on me saying that since I am in Canada, we cannot help you, but I am merely seeking a general help in understanding one clause in the Contract of Employment.

Article 2094 of the Contract of Employment (Civil Code of the Province of Quebec), states:

"One of the parties may, for a serious reason, unilaterally resiliate the contract of employment without prior notice."

I am particularly interested in understanding what a "serious reason" means. I did not find comprehensive explanation article on that, nor have I found anything on the Internet. My guess is: a serious reason can be stealing? or criminal activity? Something of the "serious nature"?

I would appreciate if you can give it your best try, or at least directing me at the source that would explain what a serious reason for serving termination notices may be.

Best,

 

[justalayman]

Sounds like an intangible definition the courts get to decide.

 

[Artashes]

Thank you, justalayman. That would make better sense..

 

[eerelations]

"serious" = "gross misconduct"

 

[mlane58]

"serious" = "gross misconduct"

"The term 'misconduct' as used in (the disqualification provision) is limited to conduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violations of disregard of the standards of behavior which the employer has the right to expect of his employee. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct'