Employer Must Pay Damages for Terminating Disabled Worker

|Canadian Labour Reporter|Last Updated: 02/02/2011

Fired because of repeated failures to meet productivity targets, a warehouse worker grieved his termination.

The employer did not have just cause to terminate the worker, the union said. Work-related injuries hampered his ability to keep up and terminating him because of these disabilities violated both the collective agreement and the Human Rights Code.

Hired by a grocery wholesaler in 1999, S.B. worked as a warehouse assembler. The job was physical and repetitive. In February 2001 S.B. sustained a work-related injury to his lower left leg. His claim for compensation was allowed, he was placed on modified duties for a short period and by August he had returned to his regular duties.