View Full Version : Do you think this is legal or illegal??

07-24-2008, 09:43 PM
I pretty much know the answer to this already, but want opinions and thoughts on this without it turning into a bitch fest.

Ok so I (kinda personal stuff, but wth) was on stress/sick (STD - Short Term Disability) for 6 weeks due to family health problems and I had a "mini-stroke" plus tons of other stuff. I had a doctors note to take me off of work and a doctors note to return to work to regular duties. When I returned to work (with the note) 1 1/2 hours after returning to work, I was terminated. I was told by the production manager and plant manager that I was being terminated because "I was off for too long and was needed at work."

Now do you think that's legal or illegal? :mad:

Oh this happened on June 9th of last month.

07-24-2008, 10:06 PM
illegal. alert the mounties!

edit: i don't know/care. i just wanted to say mounties. lololol canada.

07-25-2008, 12:46 AM
I don't know about legal/illegal, but if you had a note from your doctor then I think that's a legit reason to not go to work. You shouldn't have been fired.

07-25-2008, 03:38 AM
Thats gotta be illegal. How long were you off for in total? Just the six weeks?

Blitzkrieg Bop
07-25-2008, 04:23 AM
I don't know if that is legal or illegal, it depends on Canada's labour laws and the amount of medical leave that is allowed per annum. Here, this is not allowed to happen and if it did, the employee can take action against the employer. Our labour laws favour the employee above the employer.

From a moral stand point, I don't believe that it is right, it was only 6 weeks and you did have a doctors note.

07-25-2008, 05:48 AM
Do you have union membership? Cause otherwise you're screwed.

07-25-2008, 07:08 AM
Do you have union membership? Cause otherwise you're screwed.

We didn't have a union at all.

Rag Doll
07-25-2008, 07:41 AM
I don't know much about Canada....

However, I'd imagine unless you're in a union or there was something in your company policy that stated you were allowed infinite amounts of time off as long as your doctor said it was ok, then it's perfectly legal. Most companies state your employment is at their discretion and you can be terminated if they feel you are not fulfilling your duties. By being gone for six weeks, with or without doctor's notes, you're really not fulfilling your duties.

07-25-2008, 08:42 AM
Did you talk to their HR department before you took the time off? If they give you approval for time off, then fire you for taking it, that might be a problem.

07-25-2008, 11:12 AM
Obviously I'm not too clued up on how things work in Canada but I imagine you have some sort of grounds for making a claim for unfair dismissal. Do you have anything there like the Citizens Advice Bureau we have in the UK? If so then you should maybe ask them for advice.

The Talking Pie
07-26-2008, 01:14 AM
How long had you been employed there before this illness? A lot of the time arbitrary dismissal is fine if you're still on a 'probation' period, which could be as long in length as they want.

Take a look at your contract to see what the small print around sick leave and dismissal says. If you don't have one or it doesn't cover the issue, chances are they're well within their rights.

We were actually having this conversation where I work about a colleague who's been off sick for a long time and whether they'd be right to get rid of them when they came back. The consensus was that it would be mean, but typically acceptable. Put yourself in the employer's position. If you've provided them a note to say you'll be off long-term, they'll have already replaced you if they have any sense (after all, their reasoning makes it sound like you were needed).