Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court

By Julius Melnitzer | May 19, 2022

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.Julius Melnitzer

The case arose when TK Elevator terminated Mark Render — a manager with more than 30 years’ service — for cause in 2014 after he briefly placed his face near a female colleague’s breasts before he slapped her bottom and said, “Good game.”

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