Why Knicks' lawsuit against Raptors might not be a big deal 

When should an employee worry that their off-duty misconduct may give rise to termination for cause?

The pandemic’s impact on Canada’s economy has resulted in job losses across a wide array of sectors. As more employees are let go, judges are continually tasked with determining whether and how the economic downturn should be taken into account in assessing employees’ termination entitlements.

On August 17, 2021, Prime Minister Justin Trudeau announced that the government would implement a policy of mandatory vaccination for all federal public servants, subject only to exclusions for “legitimate medical reason[s]”. He went on to caution that, for those public service employees who refuse to be vaccinated, “there will be consequences.”

In recent days, we have seen the Federal government announce that – subject only to limited exceptions – all of its public service employees must be fully vaccinated. The Ontario provincial government quickly followed suit with a similar pronouncement, as did the City of Toronto. So has the TTC, and – as at this writing – numerous universities and four of Canada’s major banks.

For Ontario’s employers, the contemporary challenge of hiring staff is characterized by attracting talent that meets core competencies and rudimentary work habits and retaining them. It would be understandable that companies would seek a measure of assurance that the employees that they hire will stay with them. The costs incurred in training staff are as often as not a wasted investment in a market dominated by a mobile workforce exhibiting little fealty to their employers and aggravated by recurrent lockdowns.

The Significance of the Termination Letter: You will be bound by what you put it writing regardless of the seriousness of the misconduct.

With the Supreme Court of Canada denying leave to appeal in Waksdale, what can employers do to limit exposure?

Ontario employers can breathe a little easier today in assuring that essential staff show up to work.