Life in the fast lane: Ottawa employees don’t pay speeding, red light fines

CTV News Ottawa recently reported that City of Ottawa employees do not have to pay traffic tickets when caught on red light or photo radar cameras while operating a city vehicle.

• Between January 2019 and August 2021: 989 city-owned vehicles were issued automated traffic tickets. Although many of the automated tickets were understandably issued for emergency vehicles, at least 159 other vehicles were ticketed, accruing approximately $37,000 in fines.
• City of Ottawa’s position: As the owner of a ticketed vehicle, the city is liable to pay the fine, not the employee driving the vehicle. However, the city of Ottawa treats the traffic violation as a disciplinary matter and refers to the relevant collective agreement or employment contract and its disciplinary policy. Importantly, to determine the appropriate discipline, the city of Ottawa considers the seriousness of the misconduct, the employment history the employee, and prior discipline.
• What other cities do: Edmonton requires an employee to pay their own ticket and the city of Toronto pays the fine but recovers the cost from the employee at a later date.

Can your employer make you pay for red light or speeding tickets while on the clock?

It is important for employers, especially those who require non-unionized employees to drive company owned vehicles, to set out and enforce clear policies regarding traffic tickets. If an employer does not have a policy, an employee can take the position that as the owner of the vehicle, the company is liable for fine.

Can I be disciplined for getting a ticket?

An employer does have the right to deal with disciplinary issues in the workplace particularly if an employee is violating company driving policies or not meeting expectations for safe operation of a company vehicle. Employee discipline can start with a verbal or written warning and escalate to a suspension or even termination. However, it is important that an employer has a plan in place to manage reprimands at all stages.

Can an employer fire an employee if they get a ticket while on the job?

Employee conduct while driving a company vehicle may result in a termination depending on the severity of the misconduct, their employment history, and prior discipline.

An employer can terminate an employee at almost any time, for almost any reason, so long as the employee is provided with the proper amount of advance notice, severance pay, or a combination of both. When an employee is terminated without cause, it means the employee is being let go, but not for significant workplace misconduct.

When an employee is fired for cause, an employer is not required to provide the employee with advance notice or severance pay. Termination for cause is typically reserved for the most egregious types of misconduct in the workplace, including but not limited to theft, fraud, dishonesty, insubordination, and assault. A termination for cause is considered punishment for the worst offenders.

A red light or speeding ticket, while driving a company vehicle, is unlikely to rise to the threshold of just cause for termination. In fact, in order to successfully establish a valid termination for cause, the employer must establish that the employee knowingly engaged in the misconduct, prove that the misconduct was severe, and show that a termination for cause was the only option available to the employer.

If you are non-unionized worker that has been fired for receiving a red light or speeding ticket while driving a company vehicle, you are likely entitled to advance notice, severance pay, or a combination of both. It is extremely important that you speak with an employment lawyer at Samfiru Tumarkin LLP to ensure that your employment rights are enforced and you receive a fair severance package that takes into account all of the factors that can maximize the amount you should receive.