Ottawa transit driver with disability wins human rights case against employer

Interview Summary

An OC Transpo bus driver in Ottawa has won a human rights case against the city after he believes he was wrongfully dismissed. Jamison Todd was let go due to absenteeism, however the Federal Court upheld a Canadian Human Rights Tribunal decision that found that the city did not take into consideration his medical condition.

What can employers and employees discern from this case? Are employers obligated to accommodate medical conditions and what are the responsibilities of an employee?

Alex Lucifero, an Ottawa employment lawyer and managing Partner at Samfiru Tumarkin LLP joined CTV News Ottawa to discuss this case and more on employee rights.

Interview Notes

• Employer responsibilities if an employee has a medical condition or disability: An employer is obligated to provide all possible accommodations to employees who have the support of their doctor if they have a disability or medical condition up until the point of undue hardship.
• Fired for cause due to absenteeism: Employees that are terminated in relation due to an illness or injury could pursue a wrongful dismissal if a doctor’s note has been provided to their employer. Employers can terminate an employee for cause due to absenteeism however progressive disciplinary action must be taken prior to termination.
• Reason for employee termination impact on severance: Employees that are terminated without cause are owed severance based on age, years of service and position. Employees who have been subjected to discrimination will be owed additional damages as well as severance pay.