In Ontario, employees can be dismissed in one of two ways: without cause or with cause. The threshold for establishing just cause for dismissal is high, particularly when it is performance-based.
We often discuss the duty to accommodate in the context of human rights, and we all know that the duty extends “to the point of undue hardship”. But as another year comes to an end, it is clear that there is still a lot of confusion when it comes to what this means in practice.
Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited.