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Debra
Debra, Lawyer
Category: Canada Law
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Can a company fired a disabled employee that was injured on

Customer Question

can a company fired a disabled employee that was injured on the job and is off on stress
and anxiety under a doctors care. Where is it stated in the Labour Act?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The law is that you can be dismissed while you are on sick leave but, you cannot be dismissed because you are on sick leave. The act that would apply if you are dismissed because you are on sick leave is the Human Rights Code. The law is that it is discrimination and therefore contrary to the Humans Right Code for an employer to dismiss an employee who is on leave because of a disability or illness. In fact, the law goes further than this, and this is from case law and how judges have interpreted the Human Rights Code, and it is discrimination if the employer does not provide a disabled employee with reasonable accommodations unless doing so would cause the employer to undergo undo hardship.

So, if you are dismissed because you are disabled that is discrimination and contrary to the Human Rights Code. Also, if you require sick leave and the employer can provide that to you without suffering undo hardship and will not then that too is contrary to the Code. But, if you are dismissed for another reason while on sick leave that is lawful.

Customer: replied 1 year ago.
Thank you, ***** ***** did not give the Act. Where and what is the actual Act?
Customer: replied 1 year ago.
I need the actual Act
Expert:  Debra replied 1 year ago.

Yes I did provide the Act, several times. I said is the Human Rights Code.

Customer: replied 1 year ago.
Again thank you, ***** ***** has number. What is the actual Act?
Customer: replied 1 year ago.
The Human Rights book is large. There must a number to identify the specfic Act?
Expert:  Debra replied 1 year ago.

Here is a link to the act:

https://www.ontario.ca/laws/statute/90h19

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