Does an employer have a right to issue a policy that says it can fire an employee with just cause for refusing the Covid-19 booster shot? In most cases, likely no. However, keep in mind, like for any other reason, an employer can unquestionably fire an employee without cause for refusing a mandated booster except for the extremely rare …
Just Cause
Summary dismissal means the employer has just cause to terminate an employee without any notice or pay in lieu of notice. Summary dismissal is the death penalty in employment law. Therefore, summary dismissal is only appropriate where there is serious misconduct. Normally, in Canada, employers can terminate an employee at any time so long as …
Under the common law in Canada, an employee must be terminated with reasonable notice, or pay in lieu of notice (i.e. severance), unless the employer has “just cause” for termination: Honda Canada Inc v Keays, 2008 SCC 39. Simply put, just cause can be misconduct that is so serious that it constitutes a breach of the employment agreement allowing …
Inevitably, some employees will find themselves in the difficult position of having to attend a disciplinary or investigatory meeting with a supervisor or HR. Many workers in this difficult position are wondering, “can I secretly record the meeting in Canada? Is it legal to record a conversation without everyone’s consent in Canada?” Likewise, some employees …
Not always. Only when a void Termination With Cause Clause and a valid Termination Without Cause Clause are mixed together, does the void Termination With Cause Clause render the valid Termination Without Cause Clause unenforceable. Recent Case Sheds Light on Issue of Void With Cause Clause In Waksdale v. Swegon North America Inc., 2019 ONSC …
What is a Performance Improvement Plan? A performance improvement plan or “PIP” is a document that employers give to employees that can serve a mixture of two goals: (1) actually helping the employee improve and/or (2) building a case to terminate the employee. Frist, a PIP helps an employee improve by setting out what is …
Is Drinking at Work Just Cause for Termination? Employees can be terminated at any time for any reason so long as the employer provides notice. However, in certain situations employers can terminate employees without notice if they have “just cause” to terminate the employee. Thus, the question becomes, does drinking at work constitute “just cause”? …
Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause. If employers make a just cause allegation that they shouldn’t have, they could be on the hook for $10,000 in extra punitive …
The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer. In this regard, the employer must show …