Question and answer
Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


Hello, I am returning to work after sick leave. I told my employer I can return to full time hours, but with my medical letter I can't return to same job. I am a mechanic (no union). I work flat rate (piece work), this means they only pay for what I can complete. I have tremors and can not safely work on cars anymore. but I can work on other things 8 hours a day 5 days a week. They have told me they only can let me return as a mechanic and they will not pay me straight time ( time I am at the job) for example 7-4pm. So if it now takes me 4 hours to do a job that pays an hour I will have a very hard time making a living. He also said " I can perhaps offer a few hours straight time here and there to help onboard new staff (for example, helping the new techs write up stories, use equipment, etc), however it wouldn't be significant " They won't end my contract or lay me off. I have been there 27 years. I can't just leave and not be able to collect EI. I know if I quit EI will not pay me. I don't know what to do.
Thank you

In Ontario, employers have a legal obligation under the Human Rights Code to accommodate employees with disabilities to the point of undue hardship. A disability that prevents someone from performing the essential duties of their current role does not automatically end the employment relationship. The employer must explore whether the employee can be accommodated. We strongly recommend you contact us at +1-855-821-5900 to speak with one of our legal representatives.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment