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How many instances of tardiness is one allowed before the company can terminate the employee?

Hi Adam,

Thank you for your question.

To answer your question, there is no one number that the courts go by before determining whether or not the company has "cause" to terminate an employee's employment. It will depend on the particular facts of that case. It is very difficult for an employer to terminate anyone's position for "cause", so there would have to be several instances and documented proof of a disciplinary structure in place (warnings need to have been given in writing).

Of course, at any time, a company may terminate an employee's employment on a "without cause" basis, entitling that employee to a notice and/or severance package.

Whether or not your employment is being terminated "with cause" or "without cause", or if you are concerned your employment may be terminated due to repeated instances of tardiness (but hasn't yet), I highly recommend you contact our firm to schedule a consultation. Once we have the specifics of your case, we will be in a better position to let you know of your rights and entitlements.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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