Can Employers in Ontario Fire Staff for Being Late to Work due to Weather?

Non-unionized employees in Ontario can be fired because of the weather — even if the conditions are largely out of their control (i.e. heavy rainfall, snowstorm, etc.).

This is called a termination without cause. You can be let go for any reason, as long as:

• You’re provided full severance pay
• The reasons for your dismissal aren’t discriminatory

📺 WATCH: Facts About the Termination Process

Can I be Fired for Cause if I’m Consistently Late?

If you’re continually late for work after your company warned you that this behaviour needs to improve, it’s possible they could have grounds to fire you without severance pay.

Your best course of action in this situation is to remain calm and contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

SEE ALSO
• Wrongful Dismissal: What Ontarians Need to Know
• Do I Have to Look for a New Job After Getting Fired?
• Can I Get my Job Back if I’m Fired?

I was an Hour Late, Does my Boss Still Have to Pay Me?

Generally, employers in Ontario aren’t legally obligated to pay staff if they are an hour late to work due to the weather.

However, companies in the province should be flexible and allow employees to make up the hour of work that they missed.

Example

A snowstorm blankets the Greater Toronto Area (GTA) with roughly eight centimetres of snow.

Susan, who lives in Mississauga and works for a company in Oshawa, informs her employer that she will likely be an hour late to work because the roads in her area aren’t plowed and traffic remains heavy on Highway 401.

SEE ALSO:
• Toronto Crashes, Car Accidents & Local News
• Car Accidents in Bad Weather: What Injured Ontarians Need to Do

Aware that another blast of snow is scheduled to hit the GTA in the evening, the company allows Susan to work remotely for the week.

This temporary arrangement allows her to maintain her normal hours of work and pay.

Does my Boss Have to Accommodate Me if I’m Running Late?

No — employers in Ontario 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, some examples include:

For many Ontarians, leaving earlier in the day to get to work on time during severe weather isn’t an option since they might have certain obligations (i.e. getting children to school or caring for an elderly relative).

If you believe that your employer 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
• What Ontarians Need to Know About Short-Term Disability Claims
• Long-Term Disability Claims in Ontario: Your Rights

Filing a Human Rights Complaint

In addition to a constructive dismissal claim, you can file a human rights complaint to the Human Rights Tribunal of Ontario (HRTO) if your boss doesn’t properly fulfill their duty to accommodate.

The HRTO 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.

Being Pressured to Quit? Next Steps

No matter how upset your employer is that you arrived at work late due to the weather, the company can’t pressure or force you to quit.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

• SEE ALSO: Can Ontarians Rescind a Resignation?

Workplace Issue? Get Help Now

📞 Contact Samfiru Tumarkin LLP: 1-855-821-5900 or request a consultation online.

Our experienced Ontario employment lawyers have helped tens of thousands of non-unionized individuals enforce their rights and secure the compensation they’re owed.

Disclaimer: The materials provided above are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.