By Shane Burton-Stoner ( August 26, 2022, 10:54 AM EDT) -- In Render v. ThyssenKrupp Elevator (Canada) Ltd. [2022] O.J. No. 1840 the Ontario Court of Appeal clarified the distinction between just cause at common law and wilful misconduct under the Ontario Employment Standards Act, 2000. To disentitle a terminated employee from their minimum ESA entitlements, an employee must be guilty of deliberately doing something they know to be wrong. The misconduct must be wilful and premeditated, almost like what is required in criminal law. This is a far more demanding standard than what is needed to show just cause under common law....