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I have an employee who has been with me for 23 years. Two years ago he developed kidney problems and permanently wears a pee bag. Due to loyalty I have kept him on payroll but he essentially produces nothing. I have 10 employees and a payroll of $750,000 per year.
I am an electrical contractor in the private sector (non-union). Company moral is severely affected by his lack of production. I am considering laying him off and eventually terminating. Can I legally do this?
Does he have disability rights?

Hi Mike, thanks for writing to us. My name is Stephen Gillman and I am an associate in our Labour & Employment Group. Regarding your question, while you are able to lay the employee off and/or terminate him, he would represent a fairly significant financial liability to your Company. If you lay the employee off, this could be viewed as a constructive dismissal and he would be entitled to severance. To get a sense of what a severance package would look like for that employee, I would encourage you to visit the severance pay calculator our firm has developed ( In addition to severance, the employee could also make an argument that he was terminated due to illness. If successful, he would be owed both severance and separate human rights damages. I would like to fully explore this matter with you and I would be happy to provide you with a free and confidential consultation. Please email me directly at so we can book a time to speak.
Lior Samfiru
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