With mandatory COVID-19 vaccine policies rolling out in many workplaces across Ontario, managing employees who choose not to get vaccinated can become a difficult task. While some employees cannot get vaccinated for a medical reason, others may choose not to get vaccinated for personal reasons.
common law reasonable notice
Across Canada, employers are obligated to provide financial assistance to employees who have been dismissed from their employment in the form of reasonable notice, pay in lieu of notice, or some combination of both notice and pay in lieu.
Some employers erroneously believe that there is a “rule of thumb” in the common law that employees are entitled to a month of notice per year of service. The Ontario Court of Appeal has held that there is no such rule, and that determinations of reasonable notice must be based on an assessment of all relevant factors.