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My sister's employer (an Ottawa Ontario hospital) is threatening to let her go because she has a work limitation as a result of a repetitive motion injury of the job. For a number of months they allowed her to do a job that didn't require this movement and all was well, but now the individual she was replacing has returned to work and is being forced to return to her old job or risk losing her job. She can't afford a lawyer, unless the cost can be covered by the gain she receives. She has called for my advice and I have asked her to not sign anything and seek legal advice. She is 60 years old and has worked at the hospital for approx. 18 years. She is hoping to work another two years to have a better pension. What should she be doing?
Thank you for your question. My name is Jon Pinkus and I'm an employment lawyer at Samfiru Tumarkin LLP.
If your sister is not unionized, then we should definitely schedule an appointment with your sister to discuss this situation (if she is unionized then she can only deal with this issue through her union). I have dealt with this issue very often for non-unionized employees, and depending on what happens, your sister could be entitled to very significant compensation for both wrongful dismissal and breach of human rights.
If you would like to schedule an appointment, please email me at jon.pinkus@stlawyers.ca.
If your sister is not unionized, then we should definitely schedule an appointment with your sister to discuss this situation (if she is unionized then she can only deal with this issue through her union). I have dealt with this issue very often for non-unionized employees, and depending on what happens, your sister could be entitled to very significant compensation for both wrongful dismissal and breach of human rights.
If you would like to schedule an appointment, please email me at jon.pinkus@stlawyers.ca.