Benefits Canada – Arbitrator highlights role of disability management process in ruling

In a reminder to employers to be diligent about using their own disability management processes before terminating an employee, an Alberta arbitrator has ruled against a company that fired a worker suspected of being dishonest about his condition.

The case, Tolko Industries Ltd. v. United Steelworkers, Local 1-207, involved a lumber mill in High Level, Alta. that fired an employee on long-term disability leave for allegedly being dishonest about his abilities.

The outcome provides several lessons for employers, says employment lawyer Chantel Goldsmith, a partner at Samfiru Tumarkin LLP in Toronto.

She says the employer should have been more diligent in collecting its own updated medical information about the employee’s condition. Had it done so, it would have learned Chalifoux also suffered from depression and cognitive impairment, says Goldsmith.

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