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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100008
Experience:  Lawyer
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Employee who is a superintendent is given a notice to vacate

Customer Question

employee who is a superintendent is given a notice to vacate his apartment within 10 days by June 19, because he is on permanent disability. The employee wants to secure his apartment and he is will to pay geared to income. The apartment is a coop. Does the property manager have the right to evict him and only give him 10 days notice if he is longer term permanent disability?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What province is this and was the employee dismissed?
Customer: replied 2 years ago.
Ontario. The letter he received today states that he is not dismissed and that he can come back but right not he needs to vacate the apartment.
Expert:  Debra replied 2 years ago.
Is he not able to act as the superintendent and is that why he has the apartment.
Customer: replied 2 years ago.
He has terminal cancer. He has no where to go and he has not income except long term disability which he is getting from the insurance company.
Customer: replied 2 years ago.
He was required to have an apartment to do his job. However, he works in a coop where 70% of the residents are geared to income. this is what he wants.
Customer: replied 2 years ago.
He was able to choose his apartment and it is not a designated superintendent apartment. He was pay 1/2 off of his paycheck to pay for the apartment.
Expert:  Debra replied 2 years ago.
He cannot be evicted unless he is dismissed. When he is dismissed then unfortunately he can be evicted.
Customer: replied 2 years ago.
Ok, can you give me the section of the labor code on this one?
Can he evicted while on long term disability? Is there no possible way that he can agree with the coop to pay for the unit while sick?
Expert:  Debra replied 2 years ago.
This is not about the labour code. It is in the Residential Tenancies Act. Here is the section of the Act:
Customer: replied 2 years ago.
Last question.
Can the employer dismiss him if he is on long term disability?
I suspect he would be entitled to some severance compensation.
Customer: replied 2 years ago.
Hello are we done?
Expert:  Debra replied 2 years ago.
We are not done but I had to change computers as my laptop died. He can be dismissed while on LTD but would be entitled to reasonable notice or pay in lieu unless it is clear he will never be able to work again. If that is the case then the contract has been frustrated and they can consider it to be at an end. But what you should also know is that the employer has a duty to provide reasonable accommodations so long as doing so does not cause the employer to undergo undue hardship so if the employee can work with accommodations then the must provide them if possible. I was able to gift you two more minutes for free so I did. I don't think the site lets me do more than that.
Customer: replied 2 years ago.
Ok then I think he needs reasonable notice. 10 days to vacate for someone who has terminal cancer is not reasonable. I don't understand the 2nd part. What do you mean "employer to undergo undue hardship? and "employee can work with accommations". Can you please clarify.
Customer: replied 2 years ago.
Thank you for the gift :)
Expert:  Debra replied 2 years ago.
You are welcome!If he is too sick to work and cannot ever work again then this issue doesn't matter. But if he is sick but can work with some accommodations that a doctor can set out then the employer cannot dismiss him but must allow him to work with these accommodations. If the employer refuses to do this then it is discrimination on the basis of disability.I am just pointing this out because I don't know how sick he is right now.I suggest you call the Landlord Tenant Board to discuss the timing: gift button doesn't allow me to give any more time unfortunately. I did try.Oh wait, it did!
Customer: replied 2 years ago.
He tried to work on a part time basis, but the employer refused. Futhermore, his manager has hired her girlfriend to replace him!
Customer: replied 2 years ago.
His disability insurance does not cover the rent part. The employer was covering this. Will his insurance need to adjusted for the rent benefit?
Expert:  Debra replied 2 years ago.
He may have a claim for discrimination then. The insurance should be covering wage replacement so the rent should be included.
Customer: replied 2 years ago.
thank you so much for your help.
Expert:  Debra replied 2 years ago.
You are very welcome. I hope that this works out.

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