Employer’s Conduct Constitutes a Repudiation of the Employment Contract thereby Disentitling it from Relying on the Without Cause Termination Provision
In a recent decision of the Ontario Superior Court of Justice (May 2021), Humphrey v. Mene,…
A single mother and cashier at a Tim Horton’s store in Thunder Bay suffered from an acute fractured tailbone in a non-work related injury and had been off work for 4 months when she was granted medical clearance to return to work under accommodation. She informed her manager but was never put back on the schedule. She was told to speak to the Franchise owner who advised her that she would now be required to wash and bus tables and clean bathrooms. When she pointed out that this would be difficult based on the restrictions and limitations of her return to work, she was immediately terminated.
She called Tim Horton’s head office explaining her Employer’s lack of accommodation and was reinstated on a modified hours work plan in April, 2011. The following year, as a result of her injury, she missed some days of work but validated all absences with doctor’s notes. In May, 2013, the Franchise Owner abruptly terminated her employment stating work absences and complaints against her performance as the reason.
The Employer’s decision to terminate her employment was found to be primarily, if not exclusively, based upon her disability. Contrary to Company policy, the complaints alleged by the Employer against the Employee were never shared or properly documented.
The Ontario Human Rights Tribunal ordered:
See: Rollick v. 1526597 Ontario Inc., 2014 HRTO 337