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.