However the Court found that absent a contractual obligation to do so, there is no duty of procedural fairness before terminating someone for cause and furthermore the employer can properly rely on additional evidence that they obtained after the dismissal.
The issue is not whether the employer made a reasonable decision about just cause. The issue is whether the Court finds that the employer has proven on the balance of probabilities that the plaintiff committed an act of just cause.
Thus where the employer conducts no investigation or a poor investigation but the Court finds the employee committed theft, just cause has been proven.
Where the employer conducts a perfect investigation which finds the employee guilty of theft but the Court disagrees with that conclusion, the employee will succeed.
Remember an investigation report is itself is NOT evidence of the matters set out in report. Each of those facts must be independently proven in Court.