Can hating your job be a human rights issue?

| Saturday, July 3rd, 2010 | 2 Comments »

By: Ellen Low

So, it’s finally summer, and it turns out you hate your job, your manager, and working in general.  Can hating your job be a human rights issue?  It depends.  In certain circumstances, an employee who hates working, and the way they are being managed, could raise human rights issues in the workplace.

While employers have the right to manage the workplace and issue instructions to employees, a human rights issue may arise when an employee is so unhappy with the workplace that it manifests itself in an illness, such as depression, anxiety disorder, stress, or high blood pressure.  In instances where the workplace is actually making the employee ill, human rights legislation may provide the employee with protection against discrimination based on the protected grounds of disability.

These protections include an employer’s obligation to accommodate the disability,  as well as a general prohibition against terminating an employee’s employment as a result of the disability.

For example, an employee may legitimately obtain a doctor’s note requiring a leave of absence due to stress.  While the employer has the right to request further information from the employee regarding any workplace limitations, accommodation requirements, and a potential return-to-work date, the employer is prevented from retaliating against the employee for taking the required time off or requesting accommodation in the workplace.

Employees who hate working and the way they are being managed, should speak to an employment law professional for practical advice on navigating sick leave entitlements, disability, human rights, and other issues.  But, employees hoping sick leave will give them the extra-long summer vacation they’ve been looking for should know that abuse of sick leave, or fraudulent sick leave, is grounds for immediate termination.

2 Comments

  1. Hugh Crouse says:

    To whom it may concern
    I been working at a company for 7 months now as cleaner and I really like the job. I clean the floors and I take all the cardboard out and I sweep the floors and I keep the place up to par. I also do handy man work. But lateley I have discovered I have a lump on my throat and I am getting it look at by getting a Ultrasound and now I have to go back to the Brampton civic Hospital for a altrasound guided core needle biopsy. So I was force to take a day off to go the the doctor for results from the first Altrasound I took off July 20 and went back on July 22 at 730 am my time to start to work. They hired a new Superviser on and he is learning the job and he did not get my one to do job while I was away on my day off at the doctors office and it back lg me bad. The superviser that they just hired on announce over the mic back log Hugh and I was so back log all over the place.I went to him and this and this man started to get mad at me and we got in a augement and he told me to go home and fired me What I am am having a hard time with is that I am being checked for cancer on my throat it seem kind of funny that they are telling me this after I told them what I am going to the doctors for please could you help me out with this matter and Thank you Hugh Crouse

  2. danlublin says:

    Hugh,

    Sorry to hear about your stressful health situation. Thank you for your comment. We can certainly advise you on the issue, if you arrange a consulation with us. Feel free to call our office today at the number below to talk to someone.

    Up front, we must point out that we cannot provide legal advice over the internet or in this manner. We require any client to come in and meet for a formal consultation where our lawyers can discuss with you your legal rights, the law, remedies, and a strategy that ‘fits’ with your situation.

    We do not provide a free consultation. Please contact us at the following information in order to discuss a meeting:

    dan@toronto-employmentlawyer.com
    Whitten & Lublin LLP | Employment Lawyers
    Tel: 416-640-1583
    Fax: 416-644-5198

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