How long does an employer have to hold an employee’s position / employment if they are off on a non-work related leave

[Conner Lantz]

#80355

How long does an employer have to hold an employee’s position / employment if they are off on a non-work related leave

[Conner Lantz]

#80356

Good Afternoon,
I would like some guidance on an issue with a new employee – Scenerio is listed below:
New Hire start date of Feb 1, 2021
On Feb 2, 2021 when our H&S rep was doing a walk around and checking in on our new staff the new employee told our H&S that he had a previous back injury from his old company and that he was struggling with the job and it was really hurting his back. He also advised that he didn’t think he could do the job. He told the H&S rep that he went back to work at his previous employers early from his injury by asking/telling his doctor he needed to return to work so the doctor wrote him a note to return. Our H&S rep came and advised HR so we wanted to follow up with him as he never disclosed on his application, orientation or phone interview that he had any previous injuries or needed any accommodations. He advised that he has a WSIB claim with his previous employer.
When HR talked to him, he advised that he likes the job and the company and yes he is really sore, he struggles come afternoon the last 2 days (which are his first 2 days with the company) HR advised that they didn’t want someone to have to struggle to do the job or be in pain at work. The new employee stated that this is the only line of work that he knows, he admitted that even though he injured his back approx a year ago he only started treatment a couple months ago. HR asked if maybe he wasn’t ready to return to such a physical job but the new employee stated he wanted to work and wasn’t going to give up.
On Feb 3rd, the new employee came to work for start of his shift at 7am, during getting his temp taken was asked by HR if he was feeling okay – he said no he didn’t sleep well he was extremely sore and was having a hard time even walking. HR advised that he should go home rest as we didn’t want him to work and potentially create more aggrevating on his back or do further damage.
Employee got a doctors note to be off work until Feb 11th, 2021
On Feb 11th, provided a note from a chiropractor that he is now able to fulfill the requirements of his job without modifications.
HR has extreme concerns with if he is really capable of doing the job and would like to terminate on the grounds that he wasn’t able to do the job and has been off for a week and been replaced.
What is your thoughts on this, is this acceptable due to being within his 3 months or are we asking for a human rights or wrongful dismissal claim?? please help

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