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ARTICLE · 30 JANUARY 2017

Termination For Cause: How Serious Does The Transgression Have To Be?

Minden Gross LLP
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The recent case of Sinnathamby v. The Chesterfield Shop Limited (case and endorsement) provides a useful reminder of the very high threshold to be met by an employer terminating for just cause.

CanadaEmployment and HR
A. Irvin Schein
A. Irvin Schein
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The recent case of Sinnathamby v. The Chesterfield Shop Limited (case and endorsement) provides a useful reminder of the very high threshold to be met by an employer terminating for just cause.

In this case, the Plaintiff had been a 14-year employee of the Defendant. On September 10, 2010, she called in sick. Three days later, her supervisor telephoned her to discuss her absence and she apparently indicated that she was ill, without any indication of when she might be able to return to work. She did not return to work. On October 4, 2010, she was fired because she had failed to provide notes from her doctor supporting her continued absence from work as required by the Defendant's written policy.

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