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Laid off in response to medical condition

  • Last Updated:
  • Aug 21st, 2019 1:59 pm
[OP]
Newbie
Aug 18, 2019
1 posts
1 upvote

Laid off in response to medical condition

My dad has a medical condition that is making his work painful. Recently he went on his annual vacation and in the mean time the employer hired a temporary replacement in his absence.

Upon his return, my dad notified employer of his condition, and in response was "temporary laid off", saying that he'll return once the amount of work increases (they have slow downs in summers, but it's not a seasonal job). The temp worker that was hired to replace him during vacation was given an extension and is currently working performing my dad's work. His position is critical to business operation and his services are needed even during a slow down.

I believe there was a slight miscommunication during the meeting. He told his employer that he's going to get an updated medical notice recommending changes to the workplace, however the employer may have interpreted it as my dad not having any current documentation, and he tried to lay him off before he could get the note. This is not so, as his condition was documented in a medical note several months prior (but was not presented to the employer).

It appears there have been some changes to how temporary layoffs can be handed out as described here: https://mcmillan.ca/Temporary-layoff-Co ... e-contract and here: https://www.ehlaw.ca/protecting-right-t ... ry-layoff/. My dad did not give him an express acceptance of temporary layoff (verbal or written).

There were no witnesses to the layoff meeting nor was he given any written note explaining the layoff. There is no employment contract so no clause permitting temporary layoff. He was employed at this small business for over 15 years and they just had a change of ownership. Previous owner did not do temporary layoffs.

I want to know if there is a case for constructive dismissal with a possibility of a discrimination claim over old age/health reasons. Or what any other avenues of action that could be taken here.

I am concerned that employer may claim that required changes to the workplace would go beyond reasonable and so he has the right to fire him.

It's likely his condition was caused or at least aggravated by years of work.
We are in Canada. Thanks for any help!
3 replies
Deal Addict
Feb 16, 2018
1292 posts
1299 upvotes
Do yourself a huge favor:

This is a case for an employment lawyer, not a bunch of randoms on an internet forum.
Deal Addict
Aug 18, 2018
1786 posts
1367 upvotes
Bay Area
^what that guy said. If what you've said is true, it sounds illegal, and you definitely want to consult with a lawyer to determine what the next steps should be.
Deal Addict
User avatar
Mar 7, 2007
4568 posts
2085 upvotes
I am just looking at the other thread (titled "Employment lawyer - Advice is needed"), and my recommendation is.... unless you already have a labour lawyer that you trust 100%, then talk to TWO lawyers... even THREE... before you decide who will take your case.

I had great experience with Bob Ebrahimzadeh in Toronto. If you are in the GTA, try to talk to him.
But as I said, talk to 2 or 3 different person before you decide who will represent you.

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