![]() ![]() In this case, the arbitrator found that the level of trust had been breached beyond repair and because of that the termination was justifiable. when he left a voicemail to his employer claiming to be sick but admitted to lying about it when he forgot to hang up the phone. In an Ontario case, an employee was terminated from his position at Ineos Nova Ltd. Courts have generally imposed such a high penalty for this offense due to the breach of trust incurred to the employer and because of their difficulty to detect. It is generally held across Canadian courts, that an employer is entitled to discharge an employee who fraudulently claims sick leave. In turn, employers leave themselves vulnerable to human rights claims if they fire an employee for taking sick leave. Here, the employer must prove they have done everything in their power to support the employee and that any additional support would create an undue hardship for the employer. The difficulty, however, is that it is extremely difficult for an employer to prove undue hardship. Consequently, employers must provide sufficient medical leave to employees, unless doing so would bring undue hardship to the employer. Section 13 of the OHRC imposes the duty to accommodate the needs of people with psychosocial disabilities on employers. Employers are also bound by the Ontario Human Rights Code (OHRC). According to the Employment Standards Act, employees in Ontario are entitled to at least three sick days each year. Sick Leave and Statutory ProvisionsĪccording to our wrongful dismissal lawyer in Toronto, An employer cannot fire an employee for taking legitimate sick days or a medical leave of absence. Termination of Employment without causeĮmployees may often worry whether they can be fired for taking time off from work due to illness.Non-Competition Agreements and Non-Solicitation Agreements.Workplace Discrimination and Harassment.The Labour Relations Act and Duty of Fair Representation.Employment Insurance Appeals and Canada Pension. ![]()
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