Contrary to the belief of most employers (and many employment lawyers) there is no provision in the Employment Standards Act, 2000, S.O. 2000, c. 41 (the \u201cEmployment Standards Act\u201d) which allows employers to terminate an employee for \u201cjust cause\u201d without providing them with advance notice of termination or pay instead of notice.<\/p>\n
The Employment Standards Act specifically provides that every employee is entitled to notice of termination (or termination pay as defined by the Employment Standards Act), and severance pay (if applicable as defined by the Employment Standards Act) unless a specific provision of the Employment Standards Act (and its regulations) exempts the employer from providing notice of termination or termination pay (and severance pay if applicable).<\/p>\n
Most of the exemptions to providing notice of termination or termination pay are found in Regulation 288\/01 made under the Employment Standard Act.<\/p>\n
If you search the Employment Standards Act and its regulations for the term \u201cjust cause\u201d you will not find it.\u00a0 That is because the Employment Standards Act does not permit an employer to terminate an employee without prior notice or the provision of termination pay for \u201cjust cause\u201d.<\/p>\n
In terms of misconduct, Regulation 288\/01 of the Employment Standards Act provides that an employee is not entitled to notice of termination, or termination pay, or severance pay (if applicable), if they have been:<\/p>\n
This is not the same thing as \u201cjust cause\u201d.\u00a0 Just cause is a common law term.\u00a0 In theory, an employer might have grounds to terminate an employee with \u201cjust cause\u201d for poor performance.<\/p>\n
Not so under the Employment Standards Act.<\/p>\n
The standard under the Employment Standards Act is stricter.\u00a0 The Employee must be \u201cguilty of wilful misconduct, etc.\u201d<\/p>\n