First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

intention to return to work

“Desire to Work” is not enough: Appellate court upholds dismissal for frustration of contract

The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate will only be triggered when the employee provides the employer with evidence of his or her ability to return to work, including any disability-related needs or restrictions.

 

, , , , ,

Action for constructive dismissal unsuccessful where employee created hostile workplace

stress hostile workplace

The British Columbia Supreme Court recently expressed disapproval of a claim for constructive dismissal on the basis of negative treatment where the plaintiff was an active participant in the creation of the toxic work environment.

 

, , , , , , , , , , , , , , ,