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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
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The papermill I work lay off back in 2008. I was

Customer Question

Hi, The papermill I work for had lay off back in 2008. I was off on disability before layoffs where announced. The company (Domtar) has been paying me through Manulife insurance and has been contributing to my pension since. I was hired in March 1994. According to the company I didn't have enough sonority to hold a position at that time. Like i said above, I always been a employee and was not given a severance nor did i receive a registered mail that I signed that i was laid off. I'm having trouble with the company returning to my workplace now. The collective agreement states that regardless of how long my absence that the company has to accommodate. (disability, bipolar-major depression) New medication has me a lot more stable emotionally and I'm wanting to TRY to go back to work. Dr has signed fit to work form to return and try to do day shifts as a start and shift work MAYBE possible. What are your suggestions because I'm sure there are laws to follow that I can confront the company including union 105 Dryden Ontario collective agreement. Thanks!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
The law in Ontario is that an employer is required to provide employees with reasonable accommodations if doing so will not cause the employer to undergo undue hardship. So the employer would have to show why accommodating you would cause them to suffer undue hardship and if they cannot do that then they would be found to be acting in a discriminatory way. Your union has to represent you fairly. If your union will no assist you then you can go to the Human Rights Tribunal and file a complaint.

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