Employment Law Show: Ontario – S11 E45

Episode Summary

Can an employer refuse to accommodate an employee’s medical condition? Employment Lawyer Alex Lucifero, a managing partner at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• Put on a performance improvement plan: Employers will often place employees on a performance improvement plan in order to build a case against an employee. Performance plans and criticism can be used in order to justify an eventual termination for cause. Employees that do not agree with the critique they have been given should voice their disapproval in writing.
• Let go despite medical conditions: Employers must accommodate an employee’s medical condition and restrictions if they have the support of their doctor. Employers that penalize or terminate an employee due to an illness or disability could face human rights damages in addition to paying adequate severance pay.
• Bonuses and severance pay: Many employers will terminate employees before an annual bonus is given. Despite the termination, employees would still be owed their bonus. Severance entitlements must encompass all elements of compensation, including bonuses, car allowances, commission, etc.

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