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If a collective agreement provides for layoff on the basis of seniority, it will generally apply to an employee even if they have a disability. Likewise, if an employer has discretion in deciding whom to lay off and decides to use seniority as a matter of fairness, an employee is not exempt just because they have a disability: Bricklayers, Masons Independent Union of Canada Local 1 v 1612562 Ontario Ltd., 2019 CanLII 42438 (ON LA) (May 13, 2019) (Laura Trachuk).
