Understanding With Cause Termination in Ontario

Most dismissals of Ontario workers are “without cause” dismissals, which entitles most employees to a minimum length of notice set out in Ontario’s Employment Standards Act (“ESA”). However, in rare cases, there may be serious issues involving the worker that require the employer to resort to a with cause termination.

With cause termination has serious impacts on an employee. It allows the employer to dismiss the employee without giving any notice, and it is reflected on the employee’s Record of Employment, potentially making it difficult to receive employment insurance. Due to the severe consequences of with cause termination, there’s a high bar for justifying it. If you are dismissed with cause, an employment lawyer may determine that you are entitled to something despite the dismissal.

Note: The termination rules differ for federal employees (like bank and postal workers) who work under the Canadian Labour Code.

What is With Cause Termination?

With cause termination refers to dismissing an employee without notice. To justify an immediate dismissal, the employer must identify a cause that makes it impossible to continue the employment—something that goes to the job’s core.

In extreme cases, an employee might be fired because they are accused of a crime. Even in this scenario, the employer may not have with cause. Factors that may influence this include:

• Whether the accusation has merit (or if the employee is already convicted);
• The severity of the act;
• Whether the conduct directly impacts the employee’s ability to do their job;
• Whether it affects the morale of other employees;
• Whether it damages the reputation of the employer, particularly when the company is small and closely connected to the community; and
• Whether the employee is accused of using their role with the employer to commit the crime.

With cause termination might also include serious acts of dishonesty against the employer that destroy their trust in the employee.

Does With Cause Termination Have To Be Deliberate?

An employer does not need to prove that an employee’s conduct was deliberate for a with cause termination. In rare cases, an employer may dismiss an employee with cause because they frequently miss work or perform poorly in their duties.

Employers must be careful when doing this: they should not carry out a with cause termination for these reasons without reminding the employee of expectations, giving them a warning that their job is in danger, and allowing sufficient time for improvement.

An employer must also be cautious to ensure they are not violating the employee’s human rights. An employee may have a disability that requires medical leave or some form of accommodation to perform their duties. An Ontario employer is required by the Ontario Human Rights Act to provide reasonable accommodation to an employee with disabilities.

How Can An Employment Lawyer Help with a With Cause Termination?

An employment lawyer may not be able to get your job back, but they may be able to secure what you’re entitled to if you have been wrongfully dismissed with cause. This might include receiving weeks or months of termination pay if the employer did not provide reasonable notice when dismissing you.

If the employer violates human rights during a with cause termination, an employment lawyer may also be able to secure compensation for damages related to injury to dignity, feelings, and self-respect. For example, this could occur if an employer dismisses an employee with cause after a medical leave, even though the employee disclosed that they required the leave for medical reasons.

An employment lawyer may even be able to get the employer to change the Record of Employment to reflect a dismissal without cause, making it easier for you to receive employment insurance.

If you have been dismissed with cause and given no notice, it’s crucial to speak with an employment lawyer to understand your rights.

Facing “With Cause” Termination?

If you are facing a dismissal with cause, it is essential to understand your rights and the legal implications. Achkar Law can provide you with the necessary legal guidance and support during this challenging time. Our team will help you evaluate your situation, advise on potential defenses, and represent you in any legal proceedings to ensure your rights are protected.

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