We have an employee who does physically demanding work (lifting, carrying) on a regular basis (2-4 times a week). He has said the work is becoming difficult for him to perform and he takes time off work to recuperate. He has never suffered a workplace injury doing these tasks but he will not be able to perform them as regularly as we may need him to.
What is our duty to accommodate given that he physically has trouble doing the job but is not disabled in any way from doing it? Are we open to a wrongful dismissal charge if we terminate?
The employee has been with us for 4 years and has performed adequately. There have been times when we’ve needed to pull employees from other departments to help with the physically demanding work.
Thanks Glenn. This is helpful.
I had a follow up questions but realize it’s still recommended to talk to counsel.
Is an employee legally required to disclose a disability if it is preventing them from carrying out the duties of their job? There was a recent article from Global News that asks that question and the thinking is it may be required.
Can we request an employee take a medical exam to determine if he is disabled? Our business is located in Ontario.