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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I operate an incorporated cash crop farm in Southwestern

Customer Question

Hello
I operate an incorporated cash crop farm in Southwestern Ontario.
An employee (who is also my son in law, Tyler) has been charged with spousal abuse. He now has a restraining order not to have contact with my daughter (Emily) or be within 400 m of her residence.
Emily resides in a home owned by my company and the home is located on a farm owned by my company. This farm is one of many farms we own that as part of Tyler's employment, requires him to have access to. Since he has a restraining order he cannot be on this property.
Since Emily also comes to our home farm frequently (which serves as our primary place of business, Tyler cannot come on the property because Emily is frequently visiting.
Can we terminate Tyler's employment with "Just Cause" (and no termination pay)because he cannot perform the duties he required to do as a result of the restraining order?
Also, since the incident occurred on October 18th, 2015 Tyler has not shown up for work nor contacted me regarding his employment?
Thank you, **** *******
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

If he deliberately does not come to work and there's no reason for it then you can dismiss him for just cause. But if he's not coming to work because he has a restraining order then it's hard to see how that from an employment point of view would be just cause.

If this wasn't your daughter and this was an arms length relationship it's unlikely that you would consider dismissing him for just cause because he cannot enter one or two of the farms.

If you cannot accommodate his needs, that is to work at only some of the farms, them it seems that you should be dismissing him but with reasonable notice or pay in lieu. If you don't do that you would like to be facing a lawsuit which is probably the last thing you want to have to deal with at this point in time.

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