Employment laws in Canada regarding sickness and termination are multifaceted. The crux lies in the balance between an employer’s right to manage their workforce and an employee’s right to be absent due to illness.

Termination based solely on being sick is generally frowned upon, but there are circumstances where it may be legally justified.

Employees are typically entitled to a certain amount of sick leave, which is protected under various provincial and federal laws. For example, the Canada Labour Code allows for sick leave, while provincial laws, such as Ontario’s Employment Standards Act, provide specific entitlements.

Legitimate reason to consider termination

These laws also have provisions that protect the employer’s interests. If an employee’s prolonged absence severely impacts business operations, an employer might have a legitimate reason to consider termination.

The legitimacy of a dismissal due to illness hinges on factors like the length and frequency of the absence, the employee’s role, and the employer’s ability to accommodate.

If an employer can demonstrate that the absence is causing undue hardship, such as significant financial strain or disruption to operations, they may have grounds for dismissal. Conversely, if an employee can prove that they were dismissed solely because of their illness, this could be deemed unjust.

Duty to Accommodate

Employers in Canada must accommodate employees with illnesses up to the point of undue hardship. This means making reasonable adjustments to the work environment or duties to enable the employee to work. Failure to do so can be considered discrimination.

Terminating an employee because of an illness can be seen as discriminatory, especially if the illness is a disability under human rights legislation. The Canadian Human Rights Act prohibits discrimination on the grounds of disability, which could include long-term or chronic illnesses.

Employees who believe they have been unfairly dismissed due to illness can file a complaint with the relevant human rights tribunal or labour board. These bodies assess whether the employer’s actions were justified or if they constituted unfair discrimination.

Each case of dismissal due to illness is unique and must be evaluated on its own merits. The law considers various factors, including the nature of the illness, the employee’s job responsibilities, and the impact of their absence on the business.

Fired For Being Sick in Canada

Employees have rights under various statutes, such as the right to unpaid sick leave and protection against unjust dismissal. These protections, however, are not absolute. Employers also have rights, particularly when an employee’s absence is detrimental to business operations.

Given the complexity of employment law, both employees and employers are advised to seek legal counsel when dealing with dismissals related to illness. A legal expert can guide the rights and obligations of both parties under the law.

While Canadian employment law generally protects employees from being fired simply for being sick, there are nuanced circumstances where such a dismissal may be justified.

The key lies in balancing the employee’s right to be sick against the employer’s need to operate effectively. Both parties are advised to navigate these complex legal waters with the help of legal professionals.

Legal Cases In Canada

Researching legal cases related to being fired for being sick in Canada can provide valuable insights into how the courts interpret and apply employment laws in various circumstances. Here are ten notable cases that highlight different aspects of this complex issue:

McKinley v. BC Tel (2001) – A significant Supreme Court of Canada case that set a precedent for determining the appropriateness of dismissal for misconduct, including issues related to illness and absence.

Nason v. Thunder Bay Orthopaedic Inc. (2015) – This case delved into wrongful dismissal where an employee was terminated due to prolonged absence caused by illness.

Honda Canada Inc. v. Keays (2008) – A landmark Supreme Court of Canada decision that addressed the issue of damages for wrongful dismissal and bad faith conduct by the employer, particularly in the context of an employee with a chronic illness.

ADGA Group Consultants Inc. v. Lane (2008) – A case that emphasized the employer’s duty to accommodate mental illness and the consequences of failing to do so.

Hirsch v. Hirsch Industries Ltd. (2002) – This case dealt with the termination of an employee with a serious illness and examined the boundaries of reasonable notice and wrongful dismissal.

Age discrimination in benefits termination for older workers

Bellehumeur v. Windsor Factory Supply Ltd. (2015) – A case focusing on the termination of an employee with a mental illness, examining the intersection of human rights and employment law.

Talos v. Grand Erie District School Board (2018) – A notable Human Rights Tribunal of Ontario case that addressed age discrimination in benefits termination for older workers, which can be relevant in the context of illness and employment.

O.P.T. v. Presteve Foods Ltd. (2015) – This Human Rights Tribunal of Ontario decision touched upon the issues of employee rights, discrimination, and unfair treatment related to health conditions.

Bartolotta v. Zellers Inc. (2011) – A case that examined the issue of undue hardship in accommodating an employee’s illness and the employer’s responsibilities under employment law.

Buchanan v. Introjunction Ltd. (2017) – A British Columbia case where the court considered the wrongful dismissal of an employee who was terminated shortly after revealing a diagnosis of depression.

If you got fired for being sick in Canada, reach out to a law firm.

Author: Ashley W. Baker, Employment Lawyer