Duties of Employee — Ontario Employment Law

When exploring Ontario employment law, discussions typically revolve around the employer's obligations, such as providing termination pay, maintaining a safe workplace, or accommodating disabilities. However, at common law, the employment relationship is a two-way street. Every worker in Ontario owes fundamental legal duties to their employer, formally recognized as implied duties of loyalty, fidelity, competence, and obedience.

The most prominent of these is the duty of fidelity (often called the duty of loyalty). Even if you have not signed a formal, written employment contract, Ontario courts impose an implied promise that you will act in your employer's best interest while on the payroll. For a standard employee, this means you cannot actively compete with your current employer, sabotage their operations, steal corporate opportunities, or misappropriate confidential client lists.

Another core expectation is the duty of obedience, meaning an employee must follow the lawful and reasonable directions of their managers. Repeated refusal to do so may cross the line into insubordination, potentially justifying termination for cause. Additionally, workers owe a duty of competence and care—an implied promise that they possess the skills they claimed to have and will carry out their tasks without reckless negligence.

Statute law in Ontario also places firm duties on workers. Under the Occupational Health and Safety Act (OHSA), employees have a legal obligation to work safely, report known workplace hazards or safety contraventions to their supervisor, and properly use required protective equipment.

Importantly, the extent of a worker's loyalty depends heavily on their role. A front-line cashier owes a basic duty of good faith during working hours, whereas a senior executive or key management figure may owe elevated 'fiduciary duties,' strictly restricting how they interact with clients or corporate assets both during and sometimes after their employment (a concept explored deeply in our specific section on Fiduciary Duties).

Failing to uphold these obligations can result in severe consequences, ranging from disciplinary action and termination for just cause to civil lawsuits for damages if an employer suffers financial losses due to the breach. Because determining exactly what you can and cannot do—particularly when planning to start a new business or leave a job—hinges on your specific role and contract wording, having your situation reviewed by a qualified Ontario employment lawyer is the smartest way to ensure you stay on the right side of the law.