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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Our organization (non-union) hired a weekend relief operator

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Our organization (non-union) hired a weekend relief operator for our irrigation district a couple of months ago after a difficult search. He worked two or three weekends, and has been off sick since. Our main operator has been covering for him weekends since. The new employee has asked for a leave of absence for health reasons. He has not completed his 90 day probation period. During the interview, he was asked if there are any health issues which could impair him from doing his job, and he answered, "no." We don't know if his health issues existed prior to our hiring him.
Are we obliged to grant him his request (which will mean a nearly impossible job of getting a temporary relief operator) or can he be terminated.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

You can dismiss him without just cause and without notice within the first three months of employment.

But you cannot dismiss him if he is disabled because he is disabled.

And if he were disabled you would have to try and accommodate his disability unless doing so would cause you to undergo undue hardship.

But he's told you he's not disabled in anyway so this cannot be an issue and for that reason you can dismiss him.

Let me know if you need any further clarification.
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