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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 14:15, 18 August 2021
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==== Illness ==== | ==== Illness ==== | ||
Temporary illness does not constitute just cause (''McDougal v Van Allen Co Ltd.'' (1909), 19 OLR 351 (HC)). For a lengthy illness, one must consider the nature of the services to be performed, the intended length of service of the employee, and other factors (''Yeager v RJ Hastings Agencies Ltd'' (l985), 5 CCEL 266 (BCSC)). In some cases, a period of one year may not be too long for an employer to await the return of a valuable employee (''Wilmot v Ulnooweg Development Group Inc'', 2007 NSCA 49). If the employee is permanently incapable of performing work duties, he or she may properly be dismissed (''Ontario Nurse’s Federation v Mount Sinai Hospital'', [2005] OJ No 1739). Illness is usually considered frustration of contract, and is not grounds for dismissal for just cause; however, if the contract is frustrated, the employee is not entitled to severance pay. | Temporary illness does not constitute just cause (''McDougal v Van Allen Co Ltd.'' (1909), 19 OLR 351 (HC)). For a lengthy illness, one must consider the nature of the services to be performed, the intended length of service of the employee, and other factors (''Yeager v RJ Hastings Agencies Ltd'' (l985), 5 CCEL 266 (BCSC), https://canlii.ca/t/22wgp). In some cases, a period of one year may not be too long for an employer to await the return of a valuable employee (''Wilmot v Ulnooweg Development Group Inc'', 2007 NSCA 49, https://canlii.ca/t/1rknd). If the employee is permanently incapable of performing work duties, he or she may properly be dismissed (''Ontario Nurse’s Federation v Mount Sinai Hospital'', [2005] OJ No 1739, https://canlii.ca/t/1k90s). Illness is usually considered frustration of contract, and is not grounds for dismissal for just cause; however, if the contract is frustrated, the employee is not entitled to severance pay. | ||
Consider whether the illness is actually a physical or mental disability. If so, the employee may have a claim at the B.C. Human Rights Tribunal (see [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]). | Consider whether the illness is actually a physical or mental disability. If so, the employee may have a claim at the B.C. Human Rights Tribunal (see [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]). | ||
