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My son works part time (18 yr old student) for a Bar/Restaurant, he has worked there for over 12 months. He was fired over the phone this morning for not turning up to his 10 am shift and for panicking when challenged and saying he was on his way (he was still asleep). He had completed his previous shift at 0430 am that same morning. He has received no written or verbal warning and has not been formally warned for lateness before. Do his actions constitute 'Just Cause' for instant dismissal without severance or a probationary warning period under Ontario employment laws or do we have recourse for unfair dissmissal?
That is not just cause for dismissal. That said, given his age, position and length of employment, it is likely not worth pursuing this strictly from a practical standpoint.