Knowledge Base

A worker is off for minor injury and is a poor performer. Is there a length of time a worker must be back to work injury free before an employer can terminate employment because of poor performance?

Ale (KSW Lawyer): If an employer terminates an employee within six months due to the injury, they may be liable for breaching the Duty to Maintain Employment. The determining factor is whether the termination was related to that worker’s compensable injury. WorkSafeBC wants to dissuade employers from terminating injured workers due to their injury and associated disabilities. The employer must establish that the termination was unrelated to the injury, which can be difficult to prove without evidence of performance shortcomings.