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Alleging that an employee is unable to perform the "inherent requirements" of their role? Proceed with caution

At a glance

  • A Tribunal has awarded an employee $13,000 in damages after an employer failed to make reasonable adjustments to accommodate her injury and subsequently terminated her employment
  • The employer was unable to justify the termination on the basis the employee was unable to perform the inherent requirements of her role due to her injury
  • Employers must obtain advice before terminating an employee on these grounds

 

Please click here to access our Insights article discussing this in further detail.

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Date: February 18 2016

Authors: Michael KayEllen Gordon

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The content of this newsletter is for general information purposes only and should in no way be treated as formal legal advice.