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undue hardhsip

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read February 27, 2017

Disability and termination under the Human Rights Code

Under the Ontario's Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll / accomdation to the point of undue hardship, accommodate disability, Ben Saad v. 1544982 Ontario Inc., damages, Disability, employment law, Foreign workers, hrto, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, migrant worker, policies and procedures, termination, undue hardhsip

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read May 14, 2010

Dealing with a disability leave

What can an employer do when an employee has been off work for a significant period of time due to a disability (illness or injury)? How long must the employee remain employed with the employer under human rights law? These are questions often asked by employers and human resources professionals.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Human Rights / Absenteeism, accommodating a disability, accommodation, chronic absence, Disability, disability leave, disability management, duty to accommodate, frustration of contract, Honda v. Keays, human rights, point of undue hardship, terminating a disabled employee, termination, undue hardhsip

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