WAY OT -Any Ontario labour law experts out there????

[riu girl]

Ok, So DH was in a terrible car accident close to two years ago and has not been able to work since. He is currently seeing a RMT, OT, personal trainer, Naturopath, and PT as well has had two surgerys. His union can only hold his job for two years and that time is approaching. Due to the extent of his injuries he is able to go back to work prior/or at the two year deadline but will need modified duties for now and based on his ongoing recovery it may be a LONG time until he can perform his regular job duties.

My ?: Does his union/company have to take him back at all since he currently cannot perform the job that he did prior to the accident or can they fire him at the two year mark? He seems to feel that his company/union does not have to accommodate him and can simply let him go instead of offering him a different position. With his current position he used to make good money but he is very willing to accept a different position for less $.

 

[Belle599]

With this being such an important topic to your family, may I recommend that you engage the services of a labour and employment lawyer. Best of luck!

 

[amie416]

I second the recommendation to get a real, qualified opinion from a labour lawyer. Labour law is a complicated beast... Every case and situation is different, and only a professional who examines the details of the situation can give you the answer you are looking for.

However, just so you have a frame of reference, here is a general guideline regarding limits to the employer's duty to accommodate his disability: http://www.tbs-sct.gc.ca/ee/dorf-eng.asp#toc5

I wish all the best for you and your family.

 

[JKMadyson]

My ?: Does his union/company have to take him back at all since he currently cannot perform the job that he did prior to the accident or can they fire him at the two year mark? He seems to feel that his company/union does not have to accommodate him and can simply let him go instead of offering him a different position.

 

[momof2gr8kids]

Yes. They must take him back, but not necessarily in the same capacity. Be advised that this is a tricky situation as there are different legal 'jurisdictions' at play (as well as many, many details which would be impossible/unwise to discuss here). As far as WSIB goes, (union or no union), the employer has a duty to accommodate. (The one situation I should mention is that in Ontario, the WSIB cannot review loss of earnings benefits past the 72-month mark of the date of injury; which does not seem to apply here). The union may have their own rules, but none of those can be below the standards set in Ontario.

To answer your question more clearly, it would be illegal for the company to terminate him because of his injury. They also cannot terminate him for absences required for treatment of his injury. By law, the parties of the workplace (ie, his employer) must fully cooperate in the work reintegration process.

It's tough for me to go through all possible situations here, and I don't have any details so I can't say for sure - but do some research and definitely try to speak with someone more suited to help you. To discuss the impact of the injury itself, you'd want someone like an HR specialist or personal injury lawyer. To discuss his rights as far as employment and income, you'd want an employment lawyer or compensation specialist (HR). In the meantime, research "modified duties" and look through the WSIB website. It's a very complicated topic, but the more you can learn about it -the better.

Personally, I just finished my course on labour law not too long ago and I ran from that exam room without looking back - it was hard and I hated seeing good people suffer through difficult situations, knowing I could do so little. My thoughts are with you, please feel free to PM me if you need anything at all.

I didn't get the impression that the accident was a work accident. If it wasn't WSIB wouldn't come into play.

I agree to get some legal advice - does the union have a legal rep? I know some of the bigger unions have members that are qualified to represent their members with complicated WSIB appeals or LTD appeals. If he was in a car accident is he receiving any type of loss of earnings benefits from the insurance company?

 

[lizabu]

I recommend getting expert legal advice as well. There are laws in place that protect people with a disability. Someone with a serious injury will fall into that category. Any employer who fired a person because of a disability would find themselves in hot water. Your DH needs to know his rights and understand very clearly what his employers responsibilities are.