“It's Too Late to Apologize” Court of Appeal Finds Refusal to Apologize For Inappropriate Conduct Just Cause for Termination of Employment

If you can get thorough this post without hearing Ryan Tedder’s voice singing “It's too late to apologize,” well you’re stronger than I am. “I said it's too late to apologize, it's too late.” (For those who don’t get the lyrical reference, or those who just want to hear the song, here’s the link: Timbaland - Apologize ft. OneRepublic.)

In November of 2020, I wrote a post titled “Refusing to Apologize for Inappropriate Comments Not Cause for Dismissal”. In that post I reviewed the Ontario Superior Court of Justice’s decision in Hucsko v. A.O. Smith Enterprises, 2020 ONSC 1346 (CanLII), in which Justice G.E. Taylor held that an employer was not justified in summarily ending the employment relationship because the employee refused to apologize for inappropriate comments and it could not use the previous findings concerning inappropriate comments to later justify the termination.

The employer appealed.

For reasons reported as Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728, the Court of Appeal found that there was cause to terminate the employee’s employment.

Too late.

Refusing to Apologize for Inappropriate Comments Not Cause for Dismissal

Is refusing to apologize to a co-worker, after a company’s finding of your having made inappropriate comments to that co-worker cause for termination? Does it matter if, at the time the direction to apologize was made, the company elected not to terminate your employment at all (let alone for cause?)

In Hucsko v. A.O. Smith Enterprises, 2020 ONSC 1346 (CanLII), the Honourable Mr. Justice G.E. Taylor of the Ontario Superior Court of Justice held that an employer was not justified in summarily ending the employment relationship because the employee refused to apologize (after seeking legal advice) and could not use the previous findings concerning inappropriate comments to later justify the termination.

UPDATE: On October 15, 2021, the Court of Appeal for Ontario allowed the employer's appeal, reversed Justice Taylor's decision, and dismissed the plaintiff's claim. For my summary of that case see: “It's Too Late to Apologize” Court of Appeal Finds Refusal to Apologize For Inappropriate Conduct Just Cause for Termination of Employment

Requirement to Purchase Shares Signalled Employer’s Intention to Create Long-Term Employment Relationship: ONSC

How does requiring an executive to purchase shares in his employer’s company affect the employee’s reasonable notice period in the event that his employment is terminated without cause? According to the Honourable Mr. Justice G.E. Taylor of the Ontario Superior Court of Justice, the answer is that it tends to length the notice period.

In the case of Rodgers v. CEVA, 2014 ONSC 6583 (CanLII), Mr. Justice Taylor held that, “Based on the required investment in [the employer] I find there was at least an implied representation that the plaintiff was about to embark upon a long-term employment relationship with [his employer.]