At a glance
- Case
- Fired After a Workplace Injury? WSIAT on Re-Employment Rights in Ontario
- Workplace Safety and Insurance Appeals Tribunal
- Citation
- Employment Law
- Whether an employer breaches its statutory re-employment obligation under the WSIA when it fires an injured worker for the very safety conduct that caused the workplace injury, before the worker has returned to any duties.
- Outcome
- The Tribunal found the employer breached its re-employment obligation, awarded loss-of-earnings benefits from the termination date through April 30, 2021, and referred the penalty question back to the WSIB; claims for permanent impairment and psychotraumatic disability were denied.
- Workers who are fired shortly after a workplace injury need to know that the stated reason for dismissal—including a safety violation—does not automatically shield an employer from a re-employment breach finding under Ontario's workers' compensation law.
Legal principle
The rule from this case
Under section 41 of the Workplace Safety and Insurance Act, the Tribunal held that an employer's re-employment obligation includes an implied duty to maintain the employment relationship after a workplace injury, not just a duty to offer work once the worker is ready to return. Because this worker was terminated before returning to any duties, the statutory presumption of a breach in subsection 41(10) did not apply, but the Tribunal could still find a breach on a balance of probabilities by examining all the...
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