Worker Was Fired before Injury for Poor Performance


A probationary worker was often late, failed to wear safety glasses and earplugs, talked on his cell phone and didn’t properly fill out his time cards. The company decided to fire him before the end of his probation and told him on a Thursday that Friday was his last day. That Thursday, the worker hit his head and went to the hospital. He then claimed that he was fired due to his injury. But the Human Rights Tribunal didn’t buy it. The company’s evidence as to the timing of his termination—before he was hurt—was reasonable and made more sense than the worker’s version of the events. And the worker’s conduct provided adequate justification for his firing [Parkunaraja v. Concord Prefab Inc., [2010] O.H.R.T.D. No. 1329, June 11, 2010].