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I took 4 months of short term disability after my mother passed away last year. On my return to work mid-November 2014, I was informed that all but one of my staff would continue to be reassigned to other Directors, and the one employee left was working on projects for which I had no responsibility, so effectively I did not have my Director job anymore. I was told by my boss that I should ask the other Directors in the Department how I could "help them out". There were days I literally had nothing to do. One of my previous staff shared with me in early December that there had been a meeting (my boss and 5 of his direct reports) immediately prior to my return (Note she was not inthe meeting but was told of the meeting by one of the attendees). At the meeting it was discuss that I be "packaged".."because it would be too hard for me to return to work, having been off for so long"; however, apparently he had a change of mind!! and I returned to work - but without a job. I met with HR to discuss the untenable situation mid-December, prior to my 2 weeks vacation at Christmas, and was terminated on my return January 6, 2015. There was no cause stated, I was given a severence as minimally stated in my employment letter (19 weeks) and escorted to the door. I immediately engaged an employment laywer and was advised that my best route was with the Human Rights Tribunal. My employer (a major downtown hospital) is now claiming in the HRT paperwork that I performed poorly (though, I had been awarded "excellent" for 6 years and the last year was downgraded to "satisfactory" without my review while off on leave.) They claim as well "restructuring", though there was no discussion prior to my leave that my Unit was to be dismantled and in July 2015 one of my staff (a Manager) returned to work after 12 month mat leave and is now essentially doing my job, reporting to my previous boss. The mediation meeting last week with my previous employer was basically a joke. They did not bring legal representation and sat for over 2 hours before providing a paltry response to our settlement offer, so next step is the HRT hearing next spring (where they are claiming with will bring 12 witnesses - obvious intimidation). My question to you is - I'm I going the right route? I am female, 58 years old, it is unlikely I will find a similar job (Hospital Facility Planning at a director level) and I was just 1.5 years from full pension. Should I be doing anything else, say parallel to going to the HRT?

The HRT complaint was the wrong course of action completely. You need to start a claim for wrongful dismissal and violation of the Human Rights Code. Please give me a call to discuss.
The Lawyers at Samfiru Tumarkin LLP
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