People with disabilities or differently-abled people are often and wrongfully concerned about dismissal or termination due to their condition, whatever it may be. The fact is that a good majority of the governments worldwide, Canada included, have outlawed termination of a person’s employment status owing to their disability or the fact that they might be differently-abled. The simple matter of fact needs to be discussed because while a differently-abled individual cannot be fired due to their disability, this certainly does not mean that all differently-abled individuals are exempt or somehow indemnified from getting terminated.
In this blog post, we will tackle the question of whether or not a person can get terminated due to their unique condition, what are the caveats to this rule, and other aspects of this question that seem to surface frequently as workplaces push for greater diversity and representation in their hiring practices. Starting with the basics and utilising the Ontario Human Rights Code as our legal handbook, we will proceed to first explain the question and then answer it.
Termination Due To Disability: Is iIt Legal?
Answering the question as straightforwardly as possible, no, termination due to a disability is not legal at all, and an employer cannot terminate a person and cite their disability as either the reason or part of the reason as to why the individual was let go from the company. This act is a direct and clear violation of the Ontario Human Rights Code, which bars employers from both discriminating against individuals based on a set of inalienable factors, including sex, race, gender, ethnicity, and disability and from citing said factors as reasons why an individual may be terminated from their place of employment.
What this means is that the law simply forbids employers from terminating an employee owing to their disability and also makes it clear that citing said disability as a reason why the employee was let go will also make the employer liable for civil litigation, as it will be against the Ontario Human Rights Code that enshrines equity in opportunity for all, especially when it comes to the workplace.
The Caveat
But does this mean that differently-abled individuals are essentially exempt from any sort of disciplinary action in the workplace? Obviously not, given that such an overprotective act could make it unfeasible for employers to hire differently-abled people in the first place. In order to keep it fair and equal for employers, the Ontario Human Rights Code does state that a disability may not be cited as the reason why an individual may be terminated, but at the same time, it does hold them up to the standard of performance as expected from them, given that the employer has made certain accommodations for them in light of their status as a differently-abled person.
This means that while employers are not allowed to terminate an individual based on their disability, it also means that if said employee isn’t able to perform adequately despite provisions being made for their disability, the employer will be within their rights to terminate the employee, with due notice of course. However, if the employer fails to accommodate the employee in a manner deemed reasonable, in that case the liability will be on the employer.
Disability And Constructive Dismissal
Constructive dismissal occurs when an employer, without gaining the employee’s explicit consent, implements fundamental and significant changes to the basic terms of the employee’s contract. People sometimes face situations where they are forced out of their jobs or feel like they have been terminated without any reason or for the wrong reasons. What it essentially means is that the company may try to force the employee to quit by burdening them excessively or by restricting certain aspects of their job, in order to not be liable for end-of-term benefits should the termination be initiated by the employer.
In the case of disabled employees, there have been instances where an employer may utilise constructive dismissal techniques to get the differently-abled employee to quit. Should that be the case, the first step is always to retain excellent legal advice, in the form of competent employment law attorneys like Dharsi Law, and to ensure that your employer understands the legal implications of going through with such a drastic course of action. In such cases, and in other cases involving foul play at the hands of an employer, a complaint can be filed with the Ontario Human Rights Commission through a lawyer.
Disability Benefits And Termination
One of the often-asked questions is whether or not an employee can be fired while they are in the process of receiving their disability benefits. As the name suggests, disability benefits are benefits like remuneration and other perks that may be extended to differently-abled people in a workplace to help ease their experience in working and to allow them to perform efficiently without their disability taking a toll on their mental health or their self-esteem.
However, in certain cases, usually referring to extended periods of disability, which may put a drain on the company’s resources, employers may look towards terminating said employee should the disability benefits get too much for their finances to bear. In such cases, the term ‘frustration’ is used, wherein an employment contract may be terminated due to no fault on either party when the terms of a contract cannot be performed or carried out.
Termination while receiving disability benefits is illegal; however, there are caveats to this rule, which include the aforementioned ‘contract frustration.’ Should the disability be classified as an extended disability and other factors, including the likelihood of a successful recovery, the employee’s contract period, as well as their job details, be ascertained, an employer may be within their rights to terminate an employee while they might be receiving disability benefits. Once again, it all depends on the situation and different situations may be interpreted differently.
Dharsi Law: Bonafide Employment Lawyers In Toronto!
Termination and disability benefits both fall into the ambit of employment law, and when it comes to employment law, you’re better off not taking any risk at all, especially when it comes to litigation. Dharsi Law tops our list of the best employment lawyers in Toronto. It should come as no surprise that Dharsi Law has been ranked as the top employment lawyer; their services, track record, and insistence on nothing but excellence should guarantee that. Firstly, they provide comprehensive legal services for all matters related to employment law; contract disputes, contract law advice, and workplace discrimination claims are their specialties, and their track record for these claims is simply indisputable. All in all, Dharsi Law promises a worry-free approach to litigation.
