EMPLOYER ALERT Faced with a problematic employee? Before taking action, consulting a lawyer can assist you in determining your obligations and options. If you ultimately decide to terminate the employee (not covered by a collective agreement), you will need to respect the provisions of the Employment Standards Act and the obligations established by the courts. Your obligations differ if the termination is for cause (where cause for dismissal exists), or without cause (where notice needs to be given to the employee). Even where cause to terminate without notice exists, the employer may elect to demote (while maintaining the same pay and benefits) rather than dismiss the employee, without being liable for constructive dismissal.
EMPLOYER ALERT
