Difference between revisions of "Employment Law Issues (9:V)"

Employment Law Issues (9:V) (view source)

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 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 actually 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]]).
+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 ====