Legal dismissal???

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Katelyn

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7 March 2020
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Hi, I am wanting to know if my employer can fire me? I had back surgery in December 2019 (not workers comp). I have been advised be my manger that i cannot return until i am 100% better. I have also been advised that after 10months they have a right to fire me if i am nkt back at work. My physio is saying i should be back by mid April, meaning i would have been off work for 6.5 months. Was wondering if they do fire me because of my back, would this be allowed under the anti-discrimination act? I am employed as Assistant store manager (permanent part time)
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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It's not a form of unlawful discrimination - this covers things like religion, age, gender, political persuasion, sexual preference and so on - not illness.

Workers receive protection from termination when unable to work due to illness or injury (not disability). However, that has its limits. If you're absent for more than 3 consecutive months, or more than 3 months within a 12 month period, and you've run out of paid sick leave - you're no longer protected.

If you still have paid sick leave accumulated, you're protected until it runs out. But, once it runs out the 3 month clock doesn't restart.
 
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