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In Ontario, an employer can terminate an employee’s employment for just cause, which if upheld, will deny the employee to common law pay-in-lieu of notice. If the conduct is serious enough and can be categorized as wilful misconduct, disobedience or wilful neglect of duty, the cause could deny the employee their entitlement to statutory termination and severance pay (if applicable).

Common examples of conduct that can support a just cause termination include misconduct, disobedience or incompetence. Just cause is difficult to establish, so employers must be careful to document the conduct that has led to the decision. If an employee feels that his/her employer did not have just cause to terminate their employment, the employee can commence an action for wrongful dismissal or depending on the facts of the case, file a complaint with the Human Rights Tribunal or Ministry of Labour.

If you have been fired for “just cause” and are seeking legal advice related to the matter, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email to mlahert@sultanlawyers.com.