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ARTICLE · 30 MARCH 2023

Employer Cannot Change Termination From Without Cause To With Cause

Field Law
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The employee served as the executive director of a non-profit organization (the employer), for approximately ten years before being terminated. A few years...

CanadaEmployment and HR
Francesca Ghossein
Francesca Ghossein
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Background

The employee served as the executive director of a non-profit organization (the employer), for approximately ten years before being terminated. A few years before his termination, the employer's accountant resigned, alleging mistreatment by the employee. Other allegations surfaced as well, so the employer conducted an investigation, resulting in a decision to suspend the employee without pay. A few months into the suspension, the employer's Board of Directors (the Board) received additional information and particulars relating to the allegations and decided to terminate the employee on a "without cause" basis, as evidenced in the Board resolution and the termination letter provided to the employee.

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