Contrary to popular opinion, any employee can be terminated at any time or in the employer’s discretion as long as the termination is not in breach of Human Rights legislation or the Occupational Health & Safety Act (OHSA). Prohibited grounds of discrimination under provincial and federal Human Rights legislation include a person’s sex, age, gender, ethnic origin, or disability. Under the OHSA an employee cannot be terminated for obeying the legislation or exercising their rights under the legislation. Specifically, under section 50 an employer cannot terminate an employee because the employee has:

• followed the OHSA and regulations
• exercised their rights under the OHSA, including the right to refuse unsafe work or making a complaint of violence or harassment in the workplace
• asked the employer to follow the OHSA and regulations.

Most dismissals, however, do not fall under such prohibitions and, as such, are generally uncontestable by the employee.

Employers do not need to have a ‘reason’ for termination, unless the employer is alleging ‘cause’. The legal concept of ‘cause’ to terminate is explored later in this Guide.

As an employer, what are your responsibilities? For more information

DOWNLOAD our Guide to Employment Terminations 101

 

Minken Employment Lawyers are here to assist you. For more information please contact us at 905-477-7011 or contact@minken.com.

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