A common issue in human rights claims is the timing of an
employer's action or decision relative to an employee's
medical leave or illness. Even where an employer takes action
or makes a decision that is unrelated to an employee's
protected characteristics under human rights law, the timing often
raises questions about the employer's motivations.
One illustrative decision in this regard is Mou v.
MHPM Project Leaders, 2017 HRTO 246, in which the Human
Rights Tribunal of Ontario (the "Tribunal") dismissed a
complaint based largely on the timing between (a) the employer
expressing concerns about the employee's disability-related
absences, and (b) the termination of that employee's
employment.
