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Does Refusing to Follow the Vaccine Policy Allow My Employer to Terminate Me for Just Cause?
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Just Cause

Employment Law Toronto

Does Refusing to Follow the Vaccine Policy Allow My Employer to Terminate Me for Just Cause?

By Employment Law, Just Cause

Most workplaces have now implemented a COVID-19 vaccination policy that requires their employees to be fully vaccinated and provide proof of vaccination. However, a significant portion of workers has shown resistance to becoming vaccinated. In response, employers have taken various measures to enforce the vaccination policy – one of them being, terminating those who refuse to take the vaccine or disclose their proof of vaccination with just cause.  What is just cause for termination?  Just cause in the employment context means that an employee has done something that gives the employer a right to dismiss the employee immediately. When there…

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Just Cause and Appropriate Notice Period

By In Lieu of Payment, Just Cause, Notice Period

In Ruston v Keddco Mfg. (2011) Ltd., the Court of Appeal for Ontario considered the issues of just cause for employee termination and the appropriate notice period owed to the employee if the employer did not have cause to terminate? The Court found that the trial judge and the employment lawyers were correct in finding that the employer failed to prove just causation in terminating the employee. The Court also agrees with the trial judge’s award of a 19-month notice period. The trial judge applied the Bardal factors and emphasized important considerations, such as the appellant’s age (54), finding of…

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