Employment Law Issues (9:V): Difference between revisions
From Clicklaw Wikibooks
Employment Law Issues (9:V) (view source)
Revision as of 21:15, 27 September 2022
, 27 September 2022→f) Illness
Line 767: | Line 767: | ||
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, they may properly be dismissed (''Ontario Nurse’s Federation v Mount Sinai Hospital'', [2005] OJ No 1739, https://canlii.ca/t/1k90s). Long term illness might alternatively be considered frustration of contract, and, 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, they may properly be dismissed (''Ontario Nurse’s Federation v Mount Sinai Hospital'', [2005] OJ No 1739, https://canlii.ca/t/1k90s). Long term illness might alternatively be considered frustration of contract, and, if the contract is frustrated, the employee is not entitled to severance pay. | ||
Consider whether the illness is | Consider whether the illness is a physical or mental disability. If so, the employee may have a Human Rights claim (see [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]]). | ||
==== g) Conflict of Interest ==== | ==== g) Conflict of Interest ==== |