Dismissal For Cause in Canada | Employment Law Show TV – S5 E4

Episode Summary

DISMISSAL FOR CAUSE IN CANADA, pay cut for remote work, severance from a multinational company and more on Season 5 Episode 4 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Employer refuses to accept doctor’s note

My employer refuses to accept my doctor’s note and wants me to return to work. Can they do that?

Your employer can’t ignore your doctor. If your doctor supports your medical issue, you can remain off work without being penalized or fired. Keep in mind that your employer has a right to know your prognosis, but not your diagnosis.

Segment starts at 1:51

Multinational company and severance

I have been let go from a multinational company. How much severance pay am I owed?

If you work for a multinational company in Canada, you are subject to Canadian employment laws. When you lose your job, your complete severance pay is based on both provincial and common law. While the former is your “minimum” entitlement to severance, the latter covers your “full” termination pay.

Segment starts at 3:37

Working from home and pay cut

My pay is being cut because I am now working remotely from home due to COVID-19. Can my employer do that?

Your employer does not have a right to unilaterally reduce your pay by a significant amount. You can choose to treat that change as a termination and obtain severance pay. Discover your rights when your pay is cut

READ MORE
Severance pay for hourly employees in Ontario

Segment starts at 6:16

Dismissal For Cause in Canada

1️⃣ What is a dismissal for cause?

Dismissal for cause (or “being fired”) occurs when an employee is let go because they did something awful. Often times an employee is incorrectly fired “for cause” and are still owed severance.

Segment starts at 11:01

2️⃣ Is it hard for an employer to dismiss an employee for cause

It is very difficult to dismiss an employee for cause, even if they have made mistakes or failed at their job. A wrongful dismissal can occur when an employer improperly terminates an employee for cause.

Segment starts at 11:57

3️⃣ Does the “three strikes and you’re out” rule apply? How many chances does an employee have before they can be fired?

There is no “three strike” law or rule. There is no hard set benchmark, and it depends on the situation and what the employee did.

Segment starts at 13:28

4️⃣ Do I lose my right to severance if I am dismissed for cause?

You can lose your right to severance pay, but only if your employer actually has cause to fire you. Contact our team before accepting the terms of your termination.

Segment starts at 14:46

5️⃣ How does an employer properly build a case against an employee?

Employers should thoroughly document the employee’s misconduct, and provide warnings after each incident. If problems continue despite these actions, a termination for cause *might* apply.

Segment starts at 16:33

Others recalled from layoff before me

I am still on a COVID-19 layoff, however, some of my coworkers are being recalled. When can I pursue severance?

An employee does not have a right to put an employee on a temporary layoff. The only way an employer can do that, is if the employment contract allows for it, or if the precedent for that position has been previously set.

In a non-unionized workplace, it is legal for an employer to recall employees from a temporary layoff in any order they prefer. The company does not have to bring employees back in order of seniority or when their layoff started.

Segment starts at 18:16

More duties for less pay

My work duties have increased drastically since the start of COVID-19. To make matters worse, my pay has been cut by 25%, despite the fact that my employer has received millions in pandemic subsidies.

An employee can’t cut pay and increase without an employee’s permission. Doing so can trigger a constructive dismissal and severance pay

Segment starts at 22:42

Severance pay and Employment Insurance (EI)

Can I get severance pay if I qualify for EI?

An employee’s ability to qualify for EI does not impact their right to severance pay. Severance pay is still owed upon termination.

Segment starts at 26:22

NEXT EPISODE: Employment Law Show S5 E5 – COVID-19 Workplace Red Flags

PREVIOUS EPISODE: Employment Law Show S5 E3 – Duty to Accommodate in Canada