Worker with a disability? Terminate with care (Legal View)

An employer’s motives will be scrutinized when dealing with disability-related absences, as seen in $20,000 award given out in Ontario Superior Court of Justice case
By Brian Wasyliw
|Canadian HR Reporter|Last Updated: 11/03/2013

In a recent decision, the Ontario Superior Court of Justice reminded employers that when responding to an employee’s absence from work due to a disability, the employer’s motives will be carefully scrutinized — and the monetary damages resulting from a finding of unfair treatment can be significant.

Patricia Wilson had been working for Solis Mexican Foods for a little more than one year when things came to a head. Initially hired as an assistant controller, she soon accepted a lateral move to the position of business analyst, which offered the same level of compensation.