![]() Jason Wong is a Toronto Employment Lawyer practicing exclusively employment, labour, and human rights law. This could include applying progressive discipline, providing appropriate employee training, and enforcing company policies. To ensure that an organization can rely on a just cause termination, it should be able to demonstrate that it has taken the necessary steps to justify such a decision. Even if you are a perfect employee, you can still be let go.Ī decision to terminate an employee for cause must not be made lightly. Further, there seems to be some condonation by Sportsnet.Įmployers can terminate an employee for any reason or no reason at all as long as an employer provides sufficient notice of termination or payment in lieu of notice. Terminations for cause is often called the “capital punishment” of employment law, requiring significant misconduct. In any event, a termination for cause without severance pay is probably not a proportionate response to Cherry’s misconduct. Given that we do not know what went on behind the scenes during Cherry’s tenure, it is difficult to say whether an immediate dismissal was a proportionate response to Cherry’s comments. Was Termination a Proportionate Response? An employer is not expected to tolerate discrimination in its workplace, as that could lead to liability from its customers and its own employees. An employee who unreasonably jeopardizes an employer’s business, like its reputation, will deserve sanction. If Sportsnet/CBC never told him that these comments were unacceptable, they would not have just cause.įrom the employer’s perspective, the fact that Cherry occupied a very visible position with a large audience is an important factor to consider. Cherry is known for speaking his mind, including comments that could be considered discriminatory. It will be very difficult to allow an employer to rely on misconduct for termination if it has let similar misconduct slide in the past. If Cherry was willing to apologize and recognize that his comments may have hurt viewers, this would help his cause.Īnother surrounding circumstance is condonation. ![]() Further, it appears that Cherry was given the chance to apologize for his comments. If Cherry had been given discipline in the past for similar behaviour, or workplace training about discrimination, this would work against his favour. The fact that he had been working for 33 years is a big factor in Cherry’s favour. The context surrounding the misconduct and the employment relationship is critical to determine whether a dismissal was for cause. This includes what the misconduct actually was, all the surrounding circumstances of the employment relationship, and whether a termination for cause is a proportionate response to the misconduct and the surrounding circumstances.ĭiscriminatory comments are certainly classified as misconduct that deserves discipline. To determine whether an employer has just cause to fire someone, courts will look at the entire context of the employment relationship. Simple misconduct is not enough to justify terminations for just cause. This is an extraordinary decision and an employer must have strong grounds to show that employment has to be ended right away. The only way an employer can dismiss an employee without providing severance is terminating employment for cause, or just cause. So for Cherry, it did not matter under the law whether his comments were discriminatory because Sportsnet would have the discretion to terminate his employment and give him a severance package.Ĭherry’s termination with cause not justified. Most employees can be terminated for any reason, or no reason at all, as long as they are provided with enough notice of termination, or pay in lieu of notice (aka severance). If it was for just cause, then no (but very close).Ĭherry’s termination without cause was justified Sportsnet tweeted an apology saying that “Don’s discriminatory comments are offensive.” Cherry’s on-air partner Ron MacLean also tweeted an apology, calling Cherry’s comments “hurtful and prejudiced.” Many people have interpreted “you people” as referring to Canadian immigrants. Since those comments were made, many people have labelled them as bigoted or discriminatory. "These guys paid for your way of life that you enjoy in Canada. "You people … you love our way of life, you love our milk and honey, at least you can pay a couple bucks for a poppy or something like that," In that November 9th segment, Cherry discussed remembrance day, and observed that some people did not wear poppies in remembrance of the people who fought for Canada’s freedoms. On November 11, 2019, Sportsnet fired Don Cherry from Hockey Night in Canada for comments he made on his last appearance on the Coach’s Corner.
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