The City of Ottawa has lost a human rights case due to the way in which it fired an OC Transpo driver who missed 1,241 days of work due to irritable bowel syndrome and musculoskeletal pain.

Alex Lucifero, Partner at Samfiru Tumarkin LLP spoke to CTV News about an employer's duty to accommodate an employee with a disability, and rights for workers who are fired due to a medical issue.

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0:00 - Interview

1️⃣ How employers must handle worker's medical condition - 00:24
• An employer is obligated to provide all possible accommodations to employees who have the support of their doctor if they have a disability or medical condition up until the point of undue hardship.

2️⃣ Fired for cause due to absenteeism - 1:21
• Employees that are terminated in relation due to an illness or injury could pursue a wrongful dismissal if a doctor's note has been provided to their employer. Employers can terminate an employee for cause due to absenteeism however progressive disciplinary action must be taken prior to termination.

3️⃣ Can the reason for getting fired impact severance pay? - 2:31
• Employees that are terminated without cause are owed severance based on age, years of service and position. Employees who have been subjected to discrimination will be owed additional damages as well as severance pay.

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