Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The employee was awarded damages.
Merritt was a 67-year-old laborer with Tigercat Industries. The company produces forestry and industrial machines. It has several production facilities in Ontario. Merritt was hired in 1998. He was fired in February 2015. The company said it had just cause.