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[Disability: Common Law & Human Rights Issues Summary]

Disability: Common Law & Human Rights Issues Summary

There are several common law and human rights issues which arise due to adverse treatment of a disabled employee. These include:

1. The impact of disability benefits on a wrongful dismissal claim;
2. The defence of frustration due to a disability as a defence to a wrongful dismissal action and as relevant to this issue the following point;
3. Human rights remedies to due to adverse treatment because of a disability, typically on account of the failure to accommodate the disability.
4. Tort claims against the employer who has adversely treated an employee due to a disability or caused the disability;
5. A claim for aggravated damages due to unfair conduct at the time of termination;
6. Policies and statutes which are contrary to human rights statutes or the Charter on account of disability;

🗂️ Category: Disability Issues: Common Law & Statutory