Termination After Medical Leave: Reprisal and Improper Reliance on “Frustration of Contract”
In Ontario, employees who take medical leave are protected not only from discrimination, but also from reprisal by their employer. Under the Employment Standards Act, 2000 (“ESA”), an employer is prohibited from penalizing, intimidating, or terminating an employee because they exercised a workplace right, including the right to take a statutory medical leave. Despite these…