We are pleased to share a recent Benefits Canada article, “Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court,” with quotes from George Avraam. A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause.
Ontario Court of Appeal Outlines a New, More Onerous Version of the ESA’s Wilful Misconduct Standard
By George Avraam & Alissa Scarcello on
Posted in Employee Misconduct, Employment Standards
In Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal redefined wilful misconduct under the Employment Standards Act and confirmed the modern day approach to assessing sexual harassment in the workplace.
Mark Render was terminated for cause after slapping a female co-worker on her behind. The trial judge found…