If an employer terminates an employee’s employment for just cause, the employee will not be entitled to reasonable notice of dismissal. Additionally, employees who are terminated for cause may not be eligible to collect Employment Insurance (EI) benefits. For this reason, instances of “for cause” termination is serious and require the attention of competent employment law counsel.
It is important to note that “cause” is not the standard that removes entitlement to termination pay and severance (if applicable) under the Employment Standards Act. Under ESA, an employee is still entitled to receive termination pay and severance pay (if applicable), pursuant to the ESA, unless the employee is guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer.