Understanding Termination After Returning from a Protected Leave

When a Termination on Return From Leave Is Not Automatically Discriminatory

A recent decision of the Alberta Human Rights Commission (AHRC) draws a clear line: a termination that happens when an employee returns from a protected leave is not automatically discriminatory. In Amies v. Lethbridge Family Services, 2025 AHRC 19, the Tribunal dismissed a complaint of discrimination based on mental disability, despite the fact the employee was terminated on the very day she returned from a year‑long medical leave. While this case is based in Alberta, it still provides helpful guidance for Ontario employment law matters.

For employees and employers (including those in other jurisdictions like Ontario) this case underscores why it matters to focus on substantive evidence over mere timing. For anyone in Toronto seeking employment advice, this is a reminder of when to consult an employment lawyer in Toronto, particularly a wrongful dismissal lawyer in Toronto or constructive dismissal lawyer, especially if you’re evaluating a severance package or need an employment contract review.

What Happened in Amies

• Over her employment with Lethbridge Family Services (“the Company”), the complainant was subject to three workplace‑related investigations. 

• After the third investigation, the Company met with her to discuss the findings and invited her to provide further input. 

• The next day, she was hospitalized for mental health reasons and was placed on medical leave.

• She remained on medical leave for about a year. On her first day back, her employment was terminated. 

• She filed a complaint under the Alberta Human Rights Act alleging that her termination was discriminatory because of her mental disability.

What the Tribunal Decided — and Why Timing Did Not Tip the Scale

• The Alberta Human Right’s Commission initially dismissed the discrimination complaint, finding that it had no reasonable prospect of success, and that decision was later upheld by a Tribunal Member. 

• In its review, the Tribunal applied the principle that “timing alone is not dispositive.” Even if the decision to terminate occurred after the leave began, the mere fact of termination upon return does not, on its own, prove that mental disability influenced the employer’s decision.  

• The Tribunal accepted the employer’s explanation: the termination resulted from the prior investigations and documented concerns about performance and workplace conduct, not the medical leave or the employee’s mental disability. 

• Although the timing raised an inference that discrimination might have occurred, in the absence of other evidence (beyond timing) the Tribunal concluded there was nothing more than suspicion.  

• Accordingly, the discrimination complaint was dismissed.

Key Lessons — Especially for Employers and Employees

• Timing is Not Determination: A termination coinciding with return from medical leave (even a leave for a disability) does not automatically give rise to a discrimination claim under human‑rights law.

• Evidence & Documentation Matter Most: Where employers take serious steps, workplace investigations, documented misconduct, performance issues — and legitimately base termination on those non‑discriminatory reasons, tribunals may uphold the employer’s decision even if the termination happens right after a leave.

• Suspicious Timing Shifts the Burden: While timing alone does not prove discrimination, it creates an inference. That inference shifts the onus to the employer to show a legitimate, non-discriminatory rationale, ideally through contemporaneous records.

• For Employees: Seek Employment Legal Counsel — especially if you are in a jurisdiction like Toronto and believe your termination may have been wrongfully or constructively dismissed. An employment contract review, severance package review, or consulting a severance package negotiation lawyer might be very important.

• For Employers: Be Meticulous — maintain detailed, time‑stamped documentation of reasons for termination, investigations, performance issues. Doing so helps defend decisions, even when termination happens soon after a protected leave.

What This Means (Especially for Ontario / Toronto Context)

Although the case is from Alberta, its analysis provides useful guidance to employers and employees elsewhere, including in Ontario. For example:

• An employer in Ontario does not automatically violate human‑rights or employment laws simply because they terminate someone right after a protected leave (e.g., medical leave), provided there are credible, documented non‑discriminatory reasons for termination.

• An employee in Ontario who faces termination under such circumstances should consider getting legal advice from an employment lawyer in Toronto, particularly a wrongful dismissal lawyer in Ontario or constructive dismissal lawyer, to evaluate whether there is a viable claim, especially if an employment contract, severance or other entitlements are involved.

• A thorough employment contract review can identify what rights an employee may have on termination and whether severance (or negotiation of severance) is appropriate.

Call Toronto Employment Lawyer Now

It is important for an employee (or an employee) to obtain a legal consultation before taking any action that could affect the situation at workplace. Sezar has experience advocating for both employers and employees, which allows him to anticipate the other side’s arguments and develop an effective strategy, including termination of employment.

If you are looking for a wrongful dismissal lawyer in Toronto, call us today at 647-822-5492 for a case evaluation with an experienced employment lawyer.

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