Joel Smith discussed Rabia Rehman v APGN Counsulting Inc., in which the Ontario Labour Relations Board found that firing a probationary employee for absences related to protected COVID-19 sick leave was an unlawful reprisal.
See an excerpt below:
Probationary worker’s firing tied to statutory sick leave: Board
‘Frustration just can’t factor in when it relates to the employee’s legal rights’: lawyer
The firing of a worker during her probationary period was an unlawful reprisal related to her protected sick leave absences due to COVID-19, the Ontario Labour Relations Board has ruled.
“It’s really important for employers to understand the importance of acting in accordance with [employees’ statutory] rights – in this case, it was about the employee’s leave entitlements,” says Joel Smith, an employment lawyer at Williams HR Law in the Greater Toronto Area.