Fired for Cause and Still Entitled to Termination and Severance Pay?


Most employers are aware of the distinction between notice of termination under the Employment Standards Act, 2000 and reasonable notice of termination which is required at common law in the absence of cause for termination or an enforceable termination clause in the employment contract. Many employers assume that employees who are terminated for just cause are not entitled to either notice of termination under the ESA or reasonable notice at common law. Oosterbosch v. FAG Aerospace suggests this may not always be true.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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