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An employee disobeys his doctor's Form 8 not to resume work duties blantantly working without showing any signs of injury. After multiple warnings to follow instructions, Employer terminates employee due to willful misconduct and potential harm to himself & fellow employees. Employee is claiming wrongful dismissal due to disability with Human Rights. Employer is claiming they are following OHSB; Section 28-sub2. Could one Gov't agency override the other?
If an employer has legitimate concerns about an employee returning to work against his doctor's recommendation, he certainty does not have to allow the employee to return and can ask him to provide clearance from the employee's doctor before doing so. However, it would be difficult to claim that this constitutes just cause to terminate an employee as the right approach would have been to send the employee home.