HR Home › Forums › Community › Terminating employee situation.

Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • vickyp
    Keymaster
    August 8, 2023 at 4:34 am
    Post count: 4922
    #79871
    Forum: Community

    I have a situation as follows:
    Employee was off 10 days self-isolating due to COVID symptoms and is returning to work today.
    Employer wishes to terminate due to her performance – not related to above.
    Is it stated anywhere with any Ministry there should be a waiting period before she is terminated so it is not perceived it is related to the self-isolation?
    Thank you.
    Mirella

    vickyp
    Keymaster
    August 8, 2023 at 4:37 am
    Post count: 4922
    #79872
    1. No. But it is stated that you can’t terminate in reprisal for taking a leave. I know that’s not what you’re doing, but the timing raises a red flag and you’re going to need thorough documentation of your legitimate reason to terminate, i.e., the employee’s performance issues. Based on case law, it may be difficult to defend termination for performance unless you can show you gave the employee clear and adequate warning and an opportunity to correct his performance issues. If this is the first time performance problems have come up, you’ll be in a pretty tough spot.
  • Author
    Posts
Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.