Freedom Convoy trucker fired after colliding with a cyclist. Termination For Cause?

In the wake of the recent anti-mandate protests, a video has surfaced depicting a semi-truck making contact with a cyclist when entering an intersection in downtown Vancouver. The cyclist was among other people trying to stop the Freedom Convoy from moving towards Vancouver General Hospital. The incident took place at 12th Avenue and Ontario Street.

Following widespread media coverage of the incident, the driver’s employer released a statement denouncing the actions of the driver. Van Dokk Transport went on to confirm the driver’s employment with the BC-based company had been terminated – raising the question as to whether an employee can be terminated for conduct occurring on their personal time.

Generally speaking, an employer can terminate an employee for any reason, as long as the reason is not discriminatory, and as long as the employer provides the correct amount of severance. Such terminations are referred to as “without cause” terminations.

What is a termination “for cause”?

In contrast to the above, a termination for cause is often described as the “capital punishment” of employment law. This is because an employee terminated for cause would receive neither notice of their termination or severance pay. The termination of an employee “for cause” is typically reserved for employees who have engaged in the most severe workplace misconduct, to the point that the employer cannot be expected to continue to employ them. Some classic examples of such misconduct include, dishonesty, insubordination, assault, or theft.

A termination for cause is an extremely difficult thing for an employer to justify, since it is a consequence reserved for the worst offenders. As such, it is always relevant to consider the severity and nature of the misconduct in question.

Can off-duty conduct ever amount to a termination for cause?

Generally, an employer will not be able to terminate an employee “for cause” if the employee’s misconduct occurred outside the workplace and not on company time. For conduct occurring outside work hours, an employer would be permitted to terminate the employee on a without cause basis and would be obliged to provide proper severance.

An employee’s off-duty conduct could result in a termination for cause if the employee’s actions impact the company or business they work for, or if the employee is acting as a representative of their employer when the misconduct occurs. Typically, to establish a for cause termination, there must be a clear link between the misconduct and the employee’s job.

Would the truck driver’s termination in this situation be “for cause”?

When looking at the misconduct in question, it is important to remember that certain professions may be subject to safety regulations or contractual terms with respect to off-duty conduct. This would be relevant only in specific situations and in certain fields of employment.

With respect to the trucker who impacted the cyclist, at this stage, we do not know whether the individual driver was terminated for cause or without cause. However, given the fact that the driver was operating a company truck when the incident took place, it is very likely that the termination of the driver’s employment would be for cause.

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Takeaway for Employees

If your employment is terminated “for cause” due to misconduct that occurred outside of the workplace, you should contact one of our knowledgeable employment lawyers in Vancouver, Calgary, Toronto, or Ottawa immediately. Your “for cause” dismissal may not be lawful, and you may be owed full severance pay or other damages.

Takeaway for Employers

Prior to engaging in the termination of any employees for cause, speak with an employment lawyer at Samfiru Tumarkin LLP immediately. You may be opening your company up to a wrongful dismissal claim, should you fail to properly investigate or provide termination pay in a situation where it is warranted.