Can I be fired in B.C. if I’m late due to weather?

The short answer is yes. You can be fired in British Columbia if you are late to work because of the weather — even if it only happens once.

This is known as a termination without cause. Employers in the province can let non-unionized workers go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s very unlikely that the company would be able to dismiss you for cause if you were only late to work once due to the weather in B.C.

This type of dismissal is described as the “capital punishment” of employment law. It’s reserved for the worst kinds of workplace offences, such as theft or assault.

Employees fired for just cause aren’t entitled to a severance package and can’t access Employment Insurance (EI) benefits.

SEE ALSO
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

Can I be fired “for cause” if I’m consistently late to work due to the weather?

To justify firing you for cause, employers in B.C. would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be inappropriate

If you are continually late for work after your company warned you that this behaviour needs to improve, it’s possible that they could have grounds to fire you for just cause.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

Example

An employee in Vancouver didn’t show up to work on time for an entire week. When asked by her employer why she was consistently coming in roughly 45 minutes late, the worker said her commute continued to be challenging after more than 10 cm of snow fell in her neighbourhood.

She was warned by her company that her tardiness was unacceptable and told her attendance needed to improve.

For a second week, the employee continued to be roughly 45 minutes late to work. At the end of the week, she was informed by her employer that she was being fired because she continued to show up late for work after being warned.

As a result, the company may be in a position to fire the employee for cause. She wouldn’t be entitled to a severance package or be able to access EI benefits.

SEE ALSO
• Wrongful dismissal in British Columbia
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?

I was an hour late to work, does my employer still have to pay me for that hour?

If you are a salaried employee in British Columbia, your company can’t dock your pay because you were an hour late to work because of the weather.

However, you might be asked to make up for the hour that you didn’t work.

If you are an hourly employee, and you show up to work an hour late due to the weather, your company doesn’t have to compensate you for that hour.

Can my employer make major changes to my job if I’m late because of the weather?

Non-unionized employees in B.C. don’t have to accept major changes to their job.

Large modifications such as a demotion, cut in pay, reduction in hours, new work location, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Ontario and changes to your job
• Changes to your employment in Alberta
• Can your employer change your job in B.C.?
• Do I get severance if I quit?

Does my employer have to accommodate me if I’m running late to work due to severe weather?

The short answer is no. Employers in B.C. have a duty to accommodate when it’s in relation to a protected ground under the province’s human rights legislation.

While severe weather isn’t a protected ground according to the B.C. Human Rights Code, some examples include:

• Disability (physical or psychological)
• Age
• Race
• Gender
• Religion

If you have a medical condition that impacts your ability to get to work in severe weather, such as vision limitations, contrast sensitivity, or anxiety, then your company may have to accommodate you. Get a note from your doctor and present it to your employer immediately.

However, if you request accommodations in relation to a protected ground, and believe that your company didn’t properly fulfill their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation you are entitled to through a constructive dismissal claim.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint to the B.C. Human Rights Tribunal if your employer doesn’t properly fulfill their duty to accommodate.

The tribunal is responsible for dealing with human rights complaints pertaining to the province’s Human Rights Code.

Successful complaints can result in compensation for the individual who experienced discrimination.

SEE ALSO
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Vancouver Park Board accused of racism and toxic workplace culture

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in B.C. can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.