In Ontario, employees are presumptively entitled to receive reasonable advance notice of their dismissal from employment, or payment in lieu thereof. To assess what will be “reasonable” in any given circumstance, the courts are guided by a seminal court case from 1960 – Bardal v. Globe & Mail Ltd.
Can an employer require a worker to complete a criminal records check (CRC) as a condition of employment? Is it a breach of the worker’s human rights if the employer dismisses him for refusing to complete a CRC? What if the employee has a previous criminal conviction?
Following the release of the Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc. in June 2020, many employers are facing the realization that the termination provisions in their contracts may be unenforceable and in need of amendment, thanks to illegal for cause provisions.