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ARTICLE · 24 DECEMBER 2020

Termination For Just Cause – No Mask No Job?

Generally speaking, an employer has the unfettered right to dismiss an employee at any time with or without "just cause".

CanadaCoronavirus (COVID-19)

What is Just Cause?

Generally speaking, an employer has the unfettered right to dismiss an employee at any time with or without "just cause". Dismissal for cause occurs when an employee is terminated for a reason related to an employee's conduct. If an employer has "just cause" to dismiss an employee, the employer is not legally required to provide the employee with reasonable notice of termination. Examples of just cause include serious misconduct such as theft, habitual neglect of duty, incompetence or willful disobedience.

The Role Played by Masks

Social interactions and close contact in the workplace are associated with the risk of an outbreak of COVID-19 in a workplace constitutes a health hazard under the Public Health Act.

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