Employment lawyer on termination for cause during COVID-19

With news of public officials being asked to resign for traveling during the pandemic growing in number, Canadians are questioning what their employers consider fire-able offenses. Can breaking health and safety rules imposed by the provincial government lead to termination for regular employees?

Lior Samfiru, co-founding partner and Toronto employment lawyer at Samfiru Tumarkin LLP joins Mike Stafford on 640 Toronto’s Global News Radio to discuss terminations for cause.

What They Discussed

Is there a basis in common law for fire-able offenses during COVID-19?

The pandemic has changed things fundamentally for the workforce. Employees’ actions on their own time can affect their co-workers in a way it did not prior to the pandemic as it can potentially risk their health and safety.

Does your profession determine the severity of consequences of your actions outside of the workplace?

An employee’s job can cause conflict and lead to termination for cause however disciplinary measures need to appropriately fit the position and industry.

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• Termination without cause in Ontario

Should employers have a report of disciplinary measures taken before terminating an employee?

Typically, some disciplinary measures should be taken before an employee is terminated for cause. There should also be a distinction between a cause for disciplinary action and a cause for termination.  A mistake made by an employee does not and should not automatically lead to termination.

Has the pandemic shortened the process of disciplinary action and led to quicker terminations?

Employers want to show that they have no tolerance for behaviour that puts other employees at risk. It is also unclear whether or not employees who are being terminated have been offered severance by their employers.

Are employees being forced to work by their employers?

One of the most common concerns during the pandemic has been employees who are generally worried about their health and safety at the workplace or commuting to work and do not want to return. While previously an employer had the right to ask employees to return if proper health and safety measures were taken, due to the recent stay at home order, employees who can work remotely have to be allowed to do so.