Can You Fire an Employee for Ignoring a Workplace Policy in BC?

When an employee refuses to follow a workplace policy, many BC employers assume termination is straightforward.  It rarely is.  The law imposes several requirements before dismissal, and getting it wrong can expose your business to a costly wrongful dismissal claim.

Implied Duties are Enforceable

BC courts have consistently confirmed that employees carry obligations beyond what is written in their contracts, including a duty to comply with reasonable employer policies.  That duty extends to policies that are not expressly set out in the employment agreement, provided the employer has clearly communicated that compliance is expected as a condition of continued employment.

Just Cause is a High Bar in B.C. 

Under B.C.’s Employment Standards Act, R.S.B.C. 1996, c. 113, an employer can generally dismiss without notice or severance but only where the misconduct is wilful and serious enough to fundamentally damage the employment relationship.  Minor or first-time breaches typically require progressive discipline first: a documented series of warnings and corrective steps proportionate to the severity of the conduct.  Skipping that process is one of the most common and expensive mistakes BC employers make.

When BC Courts Will Uphold a Policy-Based Termination

A recent BC Supreme Court decision illustrates what a successful just cause termination actually looks like.  In Basic v. Solid Rock Steel Fabricating Co. Ltd., 2025 BCSC 287, the Court upheld the dismissal of a long-service project manager with over 20 years of tenure.  The just cause finding rested on two grounds: the employee had repeatedly violated the company’s timekeeping policy by falsely recording hours he had not worked, and he had taken unauthorized time off after being expressly denied permission to do so, conduct the Court treated as insubordination.  The cumulative effect of that misconduct was found to go to the root of the employment contract, justifying dismissal without notice or severance.  The case is a practical reminder that policy violations can support just cause but the conduct must be serious, clearly documented, and proportionate to the response.

Accommodation Comes Before Termination 

Under BC's Human Rights Code, R.S.B.C. 1996, c. 210, employees who cannot comply with a policy due to a disability or religious belief must be accommodated to the point of undue hardship before any discipline is considered.  Employers should also have a clear, documented process for receiving and responding to accommodation requests – having a policy on paper is not enough if the process for handling exceptions is unclear.

Before You Terminate, Ask These Three Questions

1. Is the policy reasonable, clearly written, and communicated to employees?

2. Is the breach serious enough to justify discipline without progressive steps?

3. Has the employee raised any grounds, for example, disability or religion, that trigger accommodation obligations?

If you cannot confidently answer all three, you are not ready to terminate.

Thinking about terminating an employee for policy non-compliance?  Contact Derpak White Spencer LLP before you act.  Proactive legal advice can help prevent a costly wrongful dismissal claim later.

Contact: Alex Robertson | (604) 736-9791 | ar@dwslaw.ca 

Disclaimer: This article is not intended to serve as, or should be construed as legal advice, and is only to provide general information. Employment law is fact-specific. For advice about your specific situation, please contact us. The information for this article was compiled on April 27, 2026.