Termination of Employment and Long Term Disabled Employees

IMPORTANT NOTICE: This program will run from 9:00am to 1:00pm. Refreshments will be provided.

Description:

One of the most confusing issues for HR Professionals and employers is determining when it is appropriate to terminate the employment of a long-term disabled employee. This complex issue is fraught with legal risk and costly litigation consequences if it is not managed correctly. However, the unfortunate approach of many employers has been to simply ignore the issue which results in a number of employees remaining on the books who have not actively worked in years.  Employers also face potentially significant liability for terminating employees who have not actively worked in years if the legally required process is not followed.  

The Seminar Will Cover:

• Real life scenarios dealing with the issue of how far an employer has to go in accommodating an employee before it becomes an undue hardship.  Clear guidance on where Courts, Arbitrators and Tribunals draw the line.
• Steps an employer should take to establish that a long-term disabled employee will never be fit to return to work and how to develop a documentary record to support a termination
• Not necessarily automatic: How deemed termination provisions in collective agreements operate in the context of long-term disabled employees
• What responsibilities do workers have to their employers?
• Entitlement to benefits during leave and upon termination of employment
• The risk of significant damage awards for failing to terminate employees in a legally compliant manner
• What entitlements does a long-term disabled employee have upon termination?
• The WSIB implications of terminating a long term disabled under the new expanded WSIB experience rating window
• Does a finding of permanent impairment by WSIB protect an employer from liability in Human Rights, wrongful dismissal and arbitration proceedings

(Program and content are not legal advice.  Please contact our team to learn how we can help you meet your goals)