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Can an Ontario employer terminate an employee for 'just cause' and 'willful misconduct' for refusing to consent to an Independent Medical Examination when the employee has already provided a clear Functional Abilities Form from their treating physician? The employer has given an ultimatum: submit to IME, return to work without medically-required accommodation, or face termination. The employer refused the accommodation citing 'no basis' despite medical documentation. Does this constitute constructive dismissal or wrongful termination? The requested accommodation is a modified reporting structure, or any alternative which meets the same objectives. This is administrative in nature. The IME consent form requests access to complete medical history rather than information specific to the accommodation need.
My name is David Vaughan and I'm an employment lawyer with Samfiru Tumarkin. An employer does not have an automatic or unfettered right to require an employee to attend an independent medical examination (IME). However, there are circumstances where such a requirement may be justified, particularly when there is a legitimate need for medical information that cannot be obtained from the employee’s own healthcare provider. I recommend you contact our firm to discuss the matter in more detail and determine the best way of responding to this request.