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Employment Law question . . .

Employers can terminate an employee either for “just cause” without notice, or, without cause if they provide the employee with reasonable notice or pay in lieu of notice. In Ontario the courts have largely found that, with some exceptions, off-duty criminal conduct does not constitute just cause. This means that employers who want to terminate an employee for off duty criminal conduct, generally, can only do so if they provide the employee with reasonable notice or pay in lieu of reasonable notice. Therefore, if your employer terminates you without reasonable notice or pay in lieu of notice you should consider commencing an action for wrongful dismissal to obtain the money you ought to have been entitled to.
 

You should also note that, although criminal charges (or criminal convictions, except those with a pardon) are not currently protected under Ontario’s Human Rights Code, a new Bill proposes to amend the  Code to protect those with police records, including criminal charges. This means that in the future if you are terminated due to involvement with the criminal justice system you may also have a claim of discrimination under the Code for additional remedies. These can include general damages for pain, suffering and humiliation as well as reinstatement or damages in lieu of reinstatements and lost wages.

 

Samantha Kompa
Samantha Kompa
P: 905-572-5816
skompa@rossmcbride.com