Court Rules Probationer Protected Under RPwD Act, Termination for Disability Unlawful

In a recent decision, a court clarified that a probationary employee is considered an employee under the Rights of Persons with Disabilities Act and cannot be terminated for acquiring a disability during the probation period.

The ruling reaffirms that the RPwD Act applies to all employees, including those on probation, and protects them from discrimination based on disability.

Employers must now ensure that their termination policies comply with the Act, and employees who develop a disability while on probation are entitled to the same protections as regular staff.