Rights for commuters in the event of a strike: Employment lawyer on CityNews

Interview Summary

A tentative agreement was reached between the TTC and the union to avert a strike.

Though the deal has yet to be ratified, commuters no longer had to worry about the potential impact on their jobs.

In the event of a potential strike, and an inability to go into the workplace, what can employees do? Are employers obligated to support their staff?

Teilen Celentano, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP, spoke with Nick Westoll on CityNews to discuss employee rights and employer obligations.

Interview Notes

• Firing employees who can’t get to work: Celentano cautioned that employees in Ontario can be let go without cause for any reason by their employers, as long as it is not discriminatory. “If someone is late, or can’t get to work because of a TTC strike, they could get fired. It would be a wrongful dismissal and they would be owed severance,” said Celentano.
• Disciplinary action before termination: “They’d still have to give them notice of termination, so working notice, or pay in lieu of notice,” Celentano explained. To terminate an employee with cause, Celentano stated an employer would have to show that there had been progressive discipline implemented.
• Appeals for termination without cause: “There is no appeal mechanism in place for someone who is fired without cause,” Celentano stated. “In Ontario, you can let someone go for any reason as long as it is not under a protected ground, such as age, religion, etc.”
• Moral obligation for employers: Celentano explained that though there is no legal obligation to retain staff if they are unable to work due to a strike, employers should bear in mind measures that allow employees to continue working. “If your goal is to have a profitable business, having your employees working full-time, then it might make sense to allow them to work from home, give flexible hours, etc.”

Related Resources

For further insights and discussions related to transit strikes and accommodations for employees, explore the following resources:

• CN and CPKC Rail Strike: Impact on non-union employees
• Duty to accommodate