Can You Be Fired While on Short Term Disability
The curt reply is yep, an employer has the discretion to burn down an employee even if they are on brusk-term disability in Ontario. The long answer is it depends on the specific fact scenario. However, if the reason or part of the reason for the termination is because of your inability, that is discriminatory and against human rights law.
There are 3 circumstances in which you tin be terminated while on short-term disability leave:
- The termination is unrelated to the medical leave;
- There has been a frustration of contract; or
- Termination for cause.
1. The termination is not related to your brusque-term disability leave
Provided the termination is not considering of your disability, your employer can cease your employment so long every bit they provide you lot with observe of pay in lieu of find. This would exist a termination without crusade. The amount of the severance parcel you lot are entitled to is adamant by several factors.
If you lot are fired considering of your absenteeism which is related to your inability, the termination would exist in alienation of human rights laws that protect employees from discrimination based on disability in their employment.
2. There has been a frustration of contract while on curt-term disability
An employer may merits that the employment agreement has been 'frustrated' due to an extended disability leave of absence. A termination for frustration while on brusk-term inability leave is not likely to come across the threshold for frustration unless in that location is medical evidence that the employee is unlikely to be able to return to work at all.
Frustration of contract is the end of a contract due to circumstances that make future performance significantly unlike than what was agreed to or nearly impossible, through no mistake of either party. In this case, the employer is only required to provide the employee with their minimum entitlements under the employment standards legislation which includes termination and severance pay.
Proving frustration is a very high standard. To show that an employment contract has been frustrated due to an employee's disability, the employer must bear witness there is no reasonable prospect that the employee will be able to render to work. This is very hard to do while an employee is on brusk-term disability.
The courts assess whether the incapacity is such that further performance of employment obligations would be impossible or radically different from what the parties originally agreed to.
3. Termination for Cause
Yous can all the same be terminated for cause while on short-term disability leave, if your employer discovers that y'all engaged in serious misconduct. The consequences of bad behaviour cannot be avoided by going on a medical leave of absence. All the same, to meet the high standard of cause, the alleged behaviour or misconduct must as well exist willful or intentional. For instance, theft and insubordination are grounds for termination.
What should you practice if you lot are terminated while on short-term disability?
These issues can be complicated and overwhelming to deal with, especially while trying to recuperate. If you are terminated or disciplined while on medical leave, yous can contact one of our employment lawyers to help y'all. We offer a gratis 30-infinitesimal consultation.
Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request
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Employment Lawyers at Monkhouse Law specialize in Employment Law, Man Rights Law, and Disability Insurance Police force. We serve employees, contained contractors and employers, and strive to get optimal results for every client through skilled advocacy and research on each matter. Nosotros have successfully represented clients earlier all levels of court in Ontario, including the Superior Court, the Divisional Appeals Court, and the Court of Entreatment every bit well as the Supreme Court of Canada.
Source: https://www.monkhouselaw.com/can-you-be-fired-while-on-short-term-disability-in-ontario/
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