Can I be fired in Ontario if I’m late 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.

This is called a termination without cause. Employers in the province can let staff go for any reason, as long as:

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

However, if you were only late once due to the weather, it’s very unlikely that your company would be able to fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

If you are terminated without a severance because you were late to work due to the weather, you should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

Termination for cause is reserved for the worst kinds of workplace misconduct, such as theft or assault.

Being late to work because of the weather doesn’t meet the requirements necessary to deny non-unionized workers a fair severance package.

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 Ontario would have to prove:

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

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 Toronto was an hour late to work for an entire week. When asked by his employer why he was consistently coming in late, the worker said his commute continued to be challenging after more than five centimetres of snow fell in his neighbourhood.

His company told him that his tardiness was unacceptable and warned him that his attendance needed to improve.

For a second week, the employee continued to be roughly an hour late to work. At the end of the week, he was informed by his employer that he was being fired because he 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. He wouldn’t be entitled to a severance package or be able to access EI benefits.

SEE ALSO
• Wrongful dismissal in Ontario
• 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?

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. A worker in Mississauga informs her Oshawa-based employer that she will likely be two hours late to work because the roads in her area aren’t plowed and traffic remains heavy on Highway 401. Aware that another blast of snow is scheduled to hit the GTA in the evening, the company allows the employee to work remotely for the week. This temporary arrangement allows the employer to maintain the individual’s normal hours of work and pay.

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

Non-unionized employees in Ontario 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 employment lawyer at Samfiru Tumarkin LLP.

It’s important to get legal advice early. If you wait too long to object to the changes, or continue working under the new terms of employment, your employer could argue that you accepted the changes.

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 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 according to the Ontario Human Rights Code, some examples include:

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

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 obligations, such as getting children to school or caring for an elderly relative.

If getting to work on time isn’t possible because of current weather conditions, in tandem with your obligations to your family, then your employer may have to accommodate you.

However, if you 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 Human Rights Tribunal of Ontario 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.

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 lawyers in Toronto and Ottawa can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.