Ontario worker terminated with cause, what are the pitfalls for the employer?

[Conner Lantz]

#90182

Hello,
Non-union, The company has a driver, working 10 years:
Can the employer give the following two letters?
What does the employer need to be careful of?
Letter one lists the following = “Last and final warning = 3 incidents are listed in the past 4-year period and due to the severity of your actions you are terminated with cause as of immediately”.
Letter two lists the following = “as you are aware with the letter dated September 15 you have been terminated with cause immediately.  You will receive outstanding earnings including accrued vacation on next scheduled pay.  Benefit coverage will cease immediately.”
Please advise on the pitfalls.
Thank you.
Mirella

[Conner Lantz]

#90183

Not knowing the action that has caused this final decision to be made, we can only caution you that the MOL may take the space between incidents into account. If the first incident took place 4 years ago and there was a gap of 3.8 years between incident 2 and 3, this might not be viewed as sequential. Ultimately, if the event is egregious enough, you do not need to follow a 3 warnings progressive discipline, there is no legal requirement, but tenure and spacing may be sticking points that you need to contemplate.

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