Dismissing the Disabled or Ill Employee

Employment and Labour

Timothy Delaney addresses some of the legal issues that arise when an employee is absent from work due to an illness or disability. The medical prognosis for many illnesses and disabilities can be very uncertain. This is especially the case with some conditions like depression, stress-related illnesses or chronic pain syndrome, etc. This can also be the case with a host of other illnesses like some cancers or arthritic conditions. When an employee is absent from work with one of these kinds of uncertain conditions this can create difficulties in the workplace. The employer may not know whether to hire a temporary or permanent replacement for the absent employee. The employee who has replaced the absent worker may not know if their position will be eliminated and when. Even the absent employee may have concerns whether he or she has a job to return to. Unfortunately, just like the prognosis for many of these conditions, the legal rights and obligations of both employers and employees in this area of the law remain far from certain.

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Timothy Delaney
Partner in Labour and Employment Law
Lindsay Kenney – Vancouver Law Firm