Fiona Martyn on contractors fired for cause due to party
As video surfaced of a party in which a stripper was called to the job site, employees of Nelmar Drywall were terminated. Participating in the party was a direct violation of health and safety protocols as well as gross misconduct.
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Fiona Martyn, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke with Global News on employee misconduct and termination for cause.
Should Nelmar Drywall employees involved in the incident have been terminated for cause?
While it is typically difficult to prove termination for cause in Ontario, employees in the surfaced video not only appear to be violating company policy but also health and safety regulations implemented due to COVID-19. Severe misconduct can lead to a just-cause termination for employees if the behaviour exhibited is found to reflect badly on the employer.
About the Author
Fiona Martyn
Fiona Martyn is an Ontario employment lawyer and a senior associate with Samfiru Tumarkin LLP’s Labour and Employment Law practice group. She represents both employers and employees on various employment law matters including wrongful and constructive dismissal, severance agreements, employment agreements, and human rights in the workplace.
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