HTML; PDF

Discuses a case where a medical resident was terminated from his residency, in part due to his disability and the tribunal awarded a significantly larger general damages award than the usual range. The author of the article opins that this should be standard in respect to large organizations, otherwise it is merely a licensing fee to discriminate.

Article discusses that in rare circumstances reinstatement may be the remedy of choice: where the employer is large and sophisticated, the employee can be placed in an equivalent position but with a different supervisor, and the work is specialized and the employee’s carrier would end without reinstatement do to no other career opportunities.

Article discusses distinctions between innocent and culpable absenteeism and when employees can be terminated for chronic absenteeism, requirements of an employer attendance management plan and distinguishes counselling from progressive discipline.