Recruitment Blog

It could be a blizzard, a hurricane, or a torrential downpour. The fact of the matter is that Mother Nature can, and will, strike; and, no matter what form it comes in, severe weather imposes challenges upon businesses of all sizes. When faced with issues like slippery or flooded roads, it can be tough to balance the needs of a business with the safety of its employees. Is absence (or lateness) due to bad weather “cause” to dismiss an employee? When an employer chooses to discipline an employee, it is important to consider whether the discipline is warranted and proportionate considering all the circumstances. Of course, chronic absenteeism or lateness has been held to be an acceptable ground for dismissal with cause. To do so, an employer must normally establish that the lateness was detrimental to its operations or that it has notified the employee and provided him or her an opportunity to correct the behaviour. In addition, discipline for absenteeism or lateness must be progressive in nature. Outside the scope of chronic absenteeism or lateness, there may just be employees who want to declare a “snow day” for themselves. If an employee is dishonestly using weather conditions as an excuse for absence (or lateness), this could be grounds for discipline up to and including termination of employment. All employees owe their employer a duty of honest and fidelity. Employers who believe that employees are taking advantage of weather conditions are well within their rights to ask additional questions and take other reasonable steps to determine whether an employee’s absence is unjustified.

Is lateness due to bad weather “cause” to dismiss an employee?

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