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ARTICLE · 19 JULY 2013

When Does an Employee Lose Entitlement to Notice of Termination and Termination Pay?

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Under the Employment Standards Act, 2000, an employee who has been guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer is not entitled to notice of termination or termination pay.

CanadaLitigation, Mediation & Arbitration
Yola S. Ventresca
Yola S. Ventresca
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Under the Employment Standards Act, 2000, an employee who has been guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer is not entitled to notice of termination or termination pay.

In Hallmark Housing Services Inc., 2013 Can LII 14638, the Ontario Labour Relations Board considered when an employee would lose their right to notice of termination and explained how an employer could show that an employee's conduct was so bad that it met this stringent test. 

The case involved an employer's application for review of an order to pay $1,166.88 in termination pay.  At the hearing, the employer argued that the employee had engaged in wilful conduct within the meaning of the Act by performing his duties poorly, being habitually late, and demonstrating a lack of effort in the performance of his work.  The Board also heard evidence that the employer had met with the employee on several occasions and

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