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ARTICLE · 31 JANUARY 2025

Understanding Employer Duties: A Case Study On Workplace Accommodation And Termination

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The Human Rights Tribunal of Ontario (the "Tribunal") recently considered the delicate balance between accommodating employees with disabilities and managing performance issues.

CanadaEmployment and HR
Andréa Morin
Andréa Morin
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The Human Rights Tribunal of Ontario (the "Tribunal") recently considered the delicate balance between accommodating employees with disabilities and managing performance issues. The decision Karim v Workplace Safety and Insurance Board1 serves as a valuable reminder for employers navigating the complexities of workplace accommodations and termination decisions.

What Happened?

The employee alleged discrimination based on disability after being terminated during their probationary period.

The independent medical consultant neither endorsed the employee's work-from-home request nor found medical justification for the frequent absences. On December 12, 2019, following the independent medical review, the employee was terminated due to performance deficiencies and culpable absenteeism.

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