Are your travel plans worth the risk of losing your job?

The COVID-19 pandemic has had significant ramifications on a societal level. To ensure that the spread of the virus is minimized, numerous recommendations have been brought forth to the public. Locally, in Ontario, the Government has once again indicated that it will be on “lockdown”.

While Premiere of Ontario Doug Ford has emphatically told the public to “stay home”, pandemic fatigue has clearly set in for many. A subset of this group has sought to escape this fatigue by undertaking what some may deem a risky transaction – traveling abroad for a vacation.

In addition to the health risks, there can also exist a significant societal risk that one is exposed to when traveling. The impact of this risk can, as we have recently seen, result in the loss of your job.

Traveling has led to notable terminations

Notably, it was recently reported that Dr. Thomas Stewart, the CEO of St. Joseph’s Health System, was terminated without cause after it was discovered that he traveled internationally. However, the termination did not occur simply because Dr. Steward had traveled, as this was an approved vacation by the Hospital. Rather, the termination was likely brought upon by the public outrage that occurred for several consecutive days after discovering Dr. Stewart had traveled abroad.

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• Termination for cause: Traveling during COVID-19

In addition to Dr. Stewart, Paul Woods, President and CEO of the London Health Sciences Centre, was also fired after he had taken five trips to the United States during the pandemic. Again, the pressure for his termination arose from the public and unions representing health-care workers.

How a termination might affect you

Dr. Stewart’s employment contract explicitly stated that should he be terminated without cause, he would receive a guaranteed 24 months’ pay in lieu of notice. Meanwhile, Mr. Woods’ employment contract entitled him to at least 12 months’ pay in lieu of notice. For the majority of you, however, this outcome is not a reality.

For starters, your employment may be limited by an enforceable termination clause that limits your severance pay entitlements to the amounts outlined in the Employment Standards Act. For those of you with an unenforceable termination clause in your contract, however, you may in fact be entitled to significantly more – but not without a fight. That, then, begs the question: is your vacation during a pandemic worth potentially losing your job and the cost of pursuing an improved severance package?

Can you be terminated for cause for taking a vacation?

Generally speaking, in order to be terminated for cause, one must have been guilty of, among other examples, one of the following:

• Theft or fraud in the workplace, or persistently dishonest;
• Habitually incompetent or neglectful of your duty;
• Insubordinate or willfully disobedient; or
• Off-duty misconduct

Typically, in order for an employer to successfully establish a valid dismissal for cause they must prove that (a) you engaged in the misconduct intentionally; (b) that the misconduct was severe; and (c) that the termination for cause was the only option available.

This is a very high threshold to meet. However, a purposely scheduled vacation, during a pandemic, and a subsequent return to the workplace (without completing the necessary quarantine protocol, for example) could arguably meet this threshold. Accordingly, not only would you be left without a job, but you would be left without an ability to apply for employment insurance either.

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Conclusion

It is worth noting that those who have either been fired or resigned have been in public positions, and have faced public outrage. Therefore, the decision to terminate can likely be attributed to maintaining positive public relations. While this may not directly apply to you, in today’s age of social media, it is very much possible that a local retail employee can find themselves under intense scrutiny if there is a chance that it could harm the business or put their fellow colleagues at risk. Therefore, it will be important moving forward for you to take into consideration not just your health, but also the potential loss of your job as another risk when deciding to travel.

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