Injured Workers and Employment FAQs

Can an employer dismiss an injured worker for poor work
performance?

Yes, as long as the dismissal is not directly or indirectly related to worker's
disability. Injured workers can be dismissed if they cannot do the job after the
employer made all reasonable attempts to help them with special services
and facilities. Employers should be able to produce evidence of poor performance,
such as records of unexplained absences. There should also have been attempts
to counsel the employee on their performance.

Can an employer force job applicants to reveal pre-existing disabilities
or injuries?

It is against the law for an employer to ask a job applicant for information that
may be used to discriminate against them. Employers should avoid personal
questions about health and injury in a job interview. It is better to ask job
applicants whether they are aware of any reason why they could not carry
out the job.

Can injured employees be transferred to a different job or have their
duties modified when they return to work?

Yes, but employers must do this in consultation with the employee and
with appropriate medical advice. A temporary transfer may allow an injured
worker to continue working, but if it amounts to a demotion, it would be
discriminatory. Employers could also face claims of indirect discrimination
if they fail to make a reasonable effort to give an injured employee new
duties to alleviate the effects of the injury.

How long must an employer hold a position open for an injured
employee?

An employer is not expected to keep a position open indefinitely or make
unreasonable adjustments to accommodate a worker if they are unable to
perform the job in the long term.An injured worker needs to be given time to
recover and be accommodated in their return to work.
Reasonable adjustments should be made to help them return to work, but
these should not cause unjustifiable hardship to a business.

Ref: VEOHRC