We have an employee on sick leave that had performance issues prior to their doctor's appointment. They left before the performance issues could be addressed with the owner and we with to terminate their position and will offer them termination pay in accordance to the number of years working. Can they come after us for wrongful dismissal?

My name is Lumi Pungea and I specialize in disability issues in the workplace. While you can terminate this employee at any time you will need to be able to prove that the decision to dismiss him/her is in no way connected to his/her medical condition or need to take sick leave. In general, terminating an employee on sick leave is a legal minefield that you need to manage carefully so do not hesitate to call me at 416-216-5906 to discuss ways to reduce the risk of a lawsuit or human rights complaint.