Will London Health Science CEO receive payout after termination?

Many politicians have been in the news recently for vacationing despite recommendations from the government to stay home. The CEO of the London Health Science Centre Paul Woods has been terminated for deciding to travel during the pandemic. This termination has led many Canadians to ask what penalities can occur as a result of breaking COVID-19 regulations. Is this reason for termination with cause?

Christopher Justice, a Toronto employment lawyer, and associate at Samfiru Tumarkin LLP spoke with Andrew Graham on 980 CFPL to explore what the rights employees have if terminated for cause and how it is determined.

“Should cause be found, there would be no severance payable. For that reason, the bar to establish just cause is very high,” Justice states. “Before any employer really embarks down a with cause dismissal, they really need to consider the extent to which there was misconduct and whether or not any alternative can be considered.”

Justice goes on to note that LHSC’s public statement and its change in tone regarding Woods’  travels should be considered when trying to figure out whether his termination was with or without cause. “If the hospital thought that the behaviour, albeit while maybe reckless, was nonetheless not severe enough to cut ties, but then they kind of changed their tune, it may not be the case that cause can be found,” Justice says.