Hello! Here are the five steps I recommend you follow for this situation:

1. Confirm the Facts and Gather Documentation

Before taking any formal steps, ensure you have:

-Documentation of the employee’s disclosure (e.g., when and how they informed you of the injury).
-Notes from the interview where they confirmed they were fit for the role.
-The job description outlining the physical requirements of the position.

This will be important for demonstrating that your actions are reasonable and consistent with employment and human rights laws.

2. Assess Your Duty to Accommodate

Even though the injury predates their employment, you still have a duty to accommodate under the Ontario Human Rights Code (OHRC) if the injury constitutes a disability.

You must:

-Determine whether the arm injury qualifies as a disability.
-Explore whether the employee can perform modified or alternate duties, or whether accommodations (e.g., assistive devices, job modifications) would allow them to fulfill essential functions of the role.
-Document all accommodation discussions and efforts.

The duty to accommodate continues up to the point of undue hardship, considering cost, health, and safety.

3. Consider the Probationary Period

During probation, you can terminate employment more easily if:

-You’ve acted in good faith.
-The decision is not discriminatory (i.e., not based on a disability).
-You’ve fulfilled your duty to accommodate as reasonably as possible.

If you decide to terminate:

Ensure the decision is based on inability to perform essential job duties even with reasonable accommodation, not the existence of a disability itself.

Provide appropriate notice or pay in lieu, if required under the Employment Standards Act (ESA), depending on the length of service (employees with less than 3 months’ service typically aren’t entitled to notice).

4. Consult Legal or HR Guidance Before Acting

Because disability-related terminations are high-risk from a human rights standpoint, it’s advisable to:

Consult legal counsel or an HR professional experienced in Ontario employment law. While I am helpful, I am not a lawyer!!

Ensure any termination letter and rationale clearly reflect that the issue is bona fide inability to perform essential duties, not discrimination.

5. Document Everything

Keep written records of:

-All communications with the employee.
-Any accommodations considered or offered.
-Any medical information received (store confidentially).
-The reasoning behind your final decision.

-HRInsider Staff