Can an employer impose discipline on an employee who is unable to perform any work for a substantial period of time?
Ontario, Canada
The following excerpt is from Electrical Safety Authority v Power Workers’ Union, 2022 CanLII 343 (ON LA):
If an employee is unable to perform any work for a substantial period of time or if they are being unreasonable in complying with any reasonable alternative, then an employer may have just cause to impose discipline, up to and including termination. However, each case must be individually assessed to determine whether or not the employee’s conduct is such that their behaviour is sufficiently egregious or undermines the obligations and faith inherent to the employment relationship, see McKinley v. BC Tel [2001] S.C.R. 161.
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