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I had triple bypass surgery on feb 12 2018. Was cleared for work April 16 2018 called my employer to get a return date and flights to have Labour relations call and inform me my job was no longer available. I am returning within my 17 weeks and have been told they are concerned about my health and stress and have it in writing that my supervisor does not want me back as well labour relations has asked my union rep how much I want to nnot return. Do I have a strong case for wrongful dismissal and could I possibly seek damages for years of work I will miss. In the meantime can I seek employment elsewhere without it affecting my case against my employer?
Unfortunately, if you are part of a union then you cannot bring an action in civil court for wrongful dismissal. Only the union may assist you in seeking compensation or reinstatement from your employer. However, you are able to hire your own lawyer and proceed to the human rights tribunal to argue the company has discriminated against you as a result of your medical condition.