Dismissal of injured employee not discriminatory: Ontario tribunal

Employer didn’t have modified work available, thought worker gave false medical note
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 03/30/2017
Cabinet Assembler
An assembler at a producer of kitchen and bathroom cabinetry filed a human rights complaint alleging his dismissal amounted to discrimination because of a disability. Credit: viki2win (Shutterstock)

An Ontario employer did not discriminate against an injured worker when it didn’t have work to fit his restrictions and later fired him for what it thought was a fraudulent medical note, the Ontario Human Rights Tribunal has found.

Pardeep Chodha was an assembler at Times Kitchen and Bath, a producer of kitchen and bathroom cabinetry in Toronto. He was hired on April 21, 2014.

A few weeks into his employment — on June 2 — Chodha was moving a piece of cabinetry with a co-worker when he started feeling pain in his back. He left work to see his doctor, who referred him to a chiropractor. On June 4, he provided a note from the chiropractor and applied for workers’ compensation benefits.