Employment Law

Sunnybrook Employee No Longer Employed After Alleged Racist TTC Remarks

TTC, wrongful dismissal, transit, subway, TTC vaccine mandate

Sunnybrook Health Sciences Centre confirmed on October 15, 2026, that a staff member was no longer employed following an investigation into a video involving alleged racist remarks on a Toronto subway.

According to CityNews, the video showed a person wearing a Sunnybrook sweater identifying themselves as a hospital employee during a confrontation with another passenger.

Sunnybrook said the behaviour conflicted with its values and acknowledged the harm caused. The hospital has not publicly confirmed whether the employee was fired for misconduct or received severance pay.

💡 Conduct Outside Work: Serious misconduct outside the workplace can justify dismissal, including dismissal without severance. However, employers must still follow the law when deciding whether compensation is owed.


Can You Be Fired For Something You Do Outside Work?

Yes. What you do outside work can sometimes cost you your job. Employers can take disciplinary action when an employee’s behaviour seriously affects the workplace, coworkers, customers or the employer’s reputation.

Important factors include:

  • Connection to work: Did the employee identify their employer, wear a uniform or otherwise connect the incident to their workplace?
  • Seriousness of the conduct: How damaging was the behaviour, and what effect did it have on the workplace?
  • Employee’s position: Does the job involve public trust or responsibilities that make the conduct especially serious?

Racist behaviour can have serious employment consequences, even when it happens outside working hours. Learn more about off-duty conduct and employee rights.


Can You Lose Your Severance Pay For Misconduct?

Yes. Serious misconduct can justify dismissal without severance pay. Racist behaviour, harassment and other serious incidents can give employers grounds to end someone’s employment immediately.

However, an employer must have sufficient grounds to deny severance. The seriousness of the behaviour, its connection to the workplace and the employee’s circumstances all matter.

Ontario also has strict rules about withholding minimum termination and severance pay. Even when an employer has grounds to fire someone for cause, those minimum payments can still be owed.

If an employer can’t legally justify denying severance, a non-unionized employee can be entitled to compensation beyond the minimum. Depending on factors such as age, position and length of service, severance can reach 24 months’ pay.

Learn more about wilful misconduct and severance pay in Ontario.


What If You’re Unionized?

If you’re unionized and facing discipline or dismissal, contact your union immediately. Your union is responsible for challenging workplace decisions through the grievance process. Our employment law team helps non-unionized employees.


What Should Employees Know About Workplace Misconduct?

Employees should understand that serious misconduct, even outside working hours, can have lasting consequences for their careers.

If your employer is investigating an incident:

  1. Take the allegations seriously. Cooperate with a fair workplace investigation and provide an honest account of what happened.
  2. Understand your workplace policies. Employers can have rules governing harassment, discrimination and conduct that affects their reputation.
  3. Understand your legal rights. If you’re dismissed, the circumstances determine whether termination or severance pay is owed.

An employer’s decision to dismiss someone and its decision to withhold severance are separate legal questions.


Understanding Your Employment Rights

Workplace misconduct and termination disputes can raise difficult legal questions. Employers have the right to address serious misconduct, but they must also meet their legal obligations when ending someone’s employment.

Samfiru Tumarkin LLP’s Toronto employment lawyers help non-unionized employees understand their rights when they’re fired, laid off or offered severance.

Before you sign, always check first.

Fired For Misconduct? Check Your Severance Rights.

Find out whether your employer can prove cause and what compensation you may still be owed.

Get a Consultation

Sources


Disclaimer: This article summarizes published reporting about Sunnybrook Health Sciences Centre and provides general employment law information. It makes no additional allegations against Sunnybrook or the former employee and does not determine whether the employment ended lawfully or whether severance is owed.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now