Retaliation Or Cause? OLRB Decision Upheld After Employee Fired For Online Defamation

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Terminations following employee complaints often attract heightened scrutiny from courts and labour tribunals. Important questions arise in these situations: was the employer action against the complainant justified or was it a reprisal for the decision to file the complaint? And is the employee using the complaint process to gain an advantage in litigation? In legal terms, is the employee using the process as a shield for legitimate protection or a sword to pursue a remedy they may not be entitled to?

A recent decision of the Ontario Superior Court of Justice (the "Court") underscores an important point for employers: where there is a clear, well-supported and independent reason for termination, courts are cautious about overturning an employer's decision.