December 29, 2014

In Fernandes v. Peel Educational, the Ontario Superior Court found that the employer did not have cause for termination and awarded a 12 month notice period. However, at the date of termination, the employee was completely disabled and the employer had cut off his benefits. The employer was liable for the value of the employee’s health benefits for nine years to age 65. Another reminder for employers to be sure just cause exists before terminating on that basis:


Googling an employee’s disability is not going to be sufficient for an employer to meet its duty to accommodate the disability of an employee because, as the Ontario Human Rights Tribunal recently held: (1) internet searches will only yield general information, not individualized results; (2) the information can be misleading or wrong; and (3) the information may be biased. You need to make specific inquiries with the employee and the employee’s doctor:

 

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