Yes, proceeding with termination immediately after receiving a medical note could expose you to a human rights complaint based on disability (or perceived disability), even if the termination is performance-based.
Once an employee provides a medical note, the employer is on notice of a potential disability. Under Canadian human rights law, you now have a duty to accommodate to the point of undue hardship. Terminating right after that disclosure can look like the medical issue was a factor—even if your intent is unrelated.
However, termination is still possible—but only if you can clearly demonstrate that:
-The decision was already made (or inevitable) before the medical leave.
-There is strong, well-documented evidence of performance issues and prior discipline (which you have).
-The harassment incident was investigated and substantiated.
-The employee was given a fair opportunity to improve and clear warning of termination risk.
Best practice approach:
Pause the termination while the employee is on leave.
Do not finalize or communicate termination during the leave unless there is urgent business justification and airtight documentation.
When they return, assess fitness to return and resume the PIP/disciplinary process.
If termination proceeds, ensure the rationale is clearly disconnected from the medical leave.
Key risk trigger to avoid:
Terminating because of absence or immediately after disclosure without demonstrating accommodation efforts.
I hope this helps.
-HRInsider Staff
