In short, yes.
However, the likelihood of such an occurrence is low, and it may be deemed in bad faith if tardiness due to weather is an infrequent incident. On the other hand, employees who consistently arrive late for work, even in adverse weather conditions, run the risk of job loss due to the habitual nature of their tardiness.
Employees in Ontario who are not part of a union may face termination due to weather-related issues, even when the circumstances are beyond their control. This type of termination is referred to as termination without cause.
In Ontario, employers have the authority to fire their employees for various reasons, provided that they offer:
- adequate severance pay, and
- the grounds for termination are not discriminatory.
However, if an employee is occasionally late due to weather conditions, it is highly unlikely that the company can justify a termination for just cause. In such cases, there would be no severance package or eligibility for Employment Insurance (“EI”) benefits.
In the event that your employer terminates your employment due to weather-related lateness and doesn’t pay you severance, we encourage you to seek legal advice from Ontario employment lawyers at Sultan Lawyers PC.
Termination for cause is typically for severe workplace misconduct, like theft or assault. Being late to work due to weather does not meet the criteria for denying non-unionized workers a fair severance package. Contact employment lawyers, Sultan Lawyers PC, by telephone at 416-214-5111 or by email at mlahert@sultanlawyers.com today.