Why Was Don Cherry Fired? | Don Cherry Wrongful Dismissal Explained

Don Cherry was fired from Sportsnet’s Hockey Night in Canada on November 11, 2019, after making controversial remarks about immigrants during his Coach’s Corner segment.

His comments, made two days earlier during a discussion about Remembrance Day poppies, prompted widespread criticism. Sportsnet said the remarks were divisive and did not reflect the network’s values.

The firing also raised an important employment-law question: Could Don Cherry have been wrongfully dismissed, or was Sportsnet legally entitled to end his employment without severance?

Employment lawyer Lior Samfiru, National Co-Managing Partner at Samfiru Tumarkin LLP, discussed the case on 640 Toronto and explained why an employer’s decision to fire someone is different from proving that it has legal grounds to deny termination compensation.

Why Was Don Cherry Fired?

Don Cherry was fired after making remarks about immigrants and Remembrance Day poppies during Coach’s Corner on November 9, 2019.

Cherry suggested that newcomers to Canada were not wearing poppies to honour Canadian veterans. His comments drew criticism from viewers, public figures and others who interpreted them as singling out immigrants.

Sportsnet announced his departure on November 11, saying his comments were inconsistent with the network’s values.

The controversy ended Cherry’s long-running role on Hockey Night in Canada, where he had appeared on Coach’s Corner since 1982.

What Did Don Cherry Say to Get Fired?

During the November 9, 2019 broadcast, Cherry criticized people he believed were not wearing Remembrance Day poppies, referring to newcomers in Toronto and Mississauga.

He used the phrase “you people” while speaking about those he believed were benefiting from life in Canada without sufficiently honouring veterans.

The remarks drew particular criticism because they were widely understood as targeting immigrants.

Cherry later said he had intended to encourage everyone to wear a poppy, although he acknowledged that his choice of words had been a mistake.

The incident became a national discussion about workplace conduct, public statements, employer reputation and freedom of expression.

When Was Don Cherry Fired?

Sportsnet announced Don Cherry’s departure on Monday, November 11, 2019, two days after his remarks aired.

Sportsnet President Bart Yabsley announced that, following discussions with Cherry, the broadcaster had decided it was time for him to step down immediately.

The announcement described the comments as divisive and inconsistent with the network’s values.

Read the contemporary Global News report on Sportsnet’s announcement.

Was Don Cherry Fired for Cause?

Sportsnet ended its relationship with Don Cherry because of his televised comments. But that doesn’t automatically establish that he was legally terminated for cause.

In Canadian employment law, a termination for cause can allow an employer to dismiss an employee without providing common-law notice or severance.

However, just cause is a high legal standard. An employer must show that the misconduct was serious enough to justify dismissal without notice, taking the surrounding circumstances into account.

Important considerations can include:

• The Conduct: What the employee said or did and how serious it was.
• The Employee’s Position: Whether the role involved public representation of the employer.
• Workplace Policies: Whether the employee violated clear expectations or conduct rules.
• Employment History: Whether similar incidents had happened previously.
• Previous Warnings: How the employer responded to earlier misconduct.
• The Employment Relationship: Whether the conduct seriously damaged trust or the employer’s legitimate interests.

In Cherry’s case, his prominent public role and the broadcaster’s reputation would be relevant considerations. So would the history of his comments and Sportsnet’s previous responses.

However, Sportsnet’s public announcement doesn’t establish the legal grounds on which the relationship ended or the terms of Cherry’s departure.

To understand the legal standard, read our Termination for Cause in Canada guide.

Could Don Cherry Have Been Wrongfully Dismissed?

It’s possible that legal questions about notice or compensation could have arisen, but the public information doesn’t establish that Don Cherry was wrongfully dismissed.

In Canada, an employer can often legally dismiss a non-unionized employee without cause, provided it gives the required notice or compensation and the dismissal doesn’t violate another law.

A wrongful dismissal claim can arise when an employer fails to provide the termination notice or compensation legally owed.

However, assessing Cherry’s particular situation would require information that isn’t established by the public announcement, including:

• His contractual relationship with Sportsnet
• The terms governing the end of that relationship
• Whether any notice or financial compensation was provided
• Whether Sportsnet asserted legal just cause
• Other circumstances relevant to the applicable legal rights

Those details matter because a broadcaster’s contractual relationship with a television personality may differ from a typical employee’s employment agreement.

Without those details, it wouldn’t be accurate to conclude that Cherry was legally dismissed for cause, wrongfully dismissed or entitled to a particular severance amount.

What Did Employment Lawyer Lior Samfiru Say About Don Cherry’s Firing?

At the time of Cherry’s departure, employment lawyer Lior Samfiru discussed the controversy on 640 Toronto.

One important issue he raised was whether an employer that had previously accepted similar conduct could later rely on that conduct to justify dismissal without notice.

In employment law, this can involve the concept of condonation. If an employer knows about misconduct but repeatedly allows it to continue, that history may affect a later claim of just cause.

That doesn’t mean an employer loses the ability to address serious misconduct. It means previous conduct, warnings and management’s response can matter when deciding whether a for-cause dismissal is justified.

Can You Be Fired for Offensive Comments in Canada?

Yes. Employees can face discipline or termination for comments that seriously affect their employer or workplace.

This can include inappropriate remarks made at work, in public or on social media.

However, being fired for something you said doesn’t automatically mean your employer has sufficient legal grounds to deny severance.

For example, a single inappropriate comment may justify discipline but not necessarily a dismissal without notice. More serious conduct, particularly when it harms coworkers or the employer’s legitimate interests, may be treated differently.

An employee’s position, workplace policies, history of misconduct and the seriousness of the comments can all affect the outcome.

Does Freedom of Speech Protect You From Being Fired?

Not automatically.

Canada’s Charter protections for freedom of expression don’t provide employees with an unrestricted right to say anything at work without employment consequences.

Private-sector employees may face workplace discipline for certain statements, but the legality of dismissal without notice remains a separate issue.

What Does Don Cherry’s Firing Mean for Canadian Employees?

The Don Cherry controversy illustrates three important employment-law principles:

• Your Employer Can Fire You for Misconduct. Serious inappropriate conduct can put your employment at risk, including conduct that affects the employer’s reputation.
• Being Fired Doesn’t Automatically Mean Losing Severance. An employer must meet the applicable legal standard to dismiss an employee for cause without common-law notice or compensation.
• Previous Warnings and Employer Conduct Matter. What the employer previously knew, allowed or addressed can be important when assessing a for-cause dismissal.

The central lesson is simple: An employer’s decision to fire you and its legal right to deny severance are not necessarily the same thing.

If you’ve been dismissed because of something you said or did, don’t assume you have no employment rights simply because your employer calls it a for-cause termination.

Read our guides to Termination for Cause and Severance Pay in Canada.

Fired for Cause? You Could Still Be Owed Severance.

If your employer has fired you for alleged misconduct, poor performance or inappropriate comments, you may still have severance rights.

Being told you’re fired for cause doesn’t automatically mean your employer has proven it.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia challenge improper for-cause dismissals and pursue the compensation they’re legally owed.

Before accepting that you’re owed nothing or signing a release, always check first.

Speak to an Employment Lawyer →

Or call 1-855-821-5900.