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medical leave

Is working notice appropriate while an employee is medically incapable of working?

In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once again) answered whether or not a Plaintiff, who was incapable of working when he received notice of termination, was entitled to damages representing a salary which he would have earned had he worked during his notice period.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: how working notice is not appropriate when an employee is on a medical leave, Canadian salaries are expected to increase 2.3 percent in 2018 and the OHIP+: Children and Youth Pharmacare program launch.

 

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Frustration of contract

The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.

 

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Personal information and medical leaves – careful what you disclose

I recently read an interesting case made by the Office of the Privacy Commissioner of Canada (decision 2014 – 014) stating that under subsection 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA) that the employer’s purposes for disclosing the employee’s personal information regarding his medical leave were not appropriate in the circumstances and were not necessary for the organization to meet its employee schedule management needs in the context of its work environment.

 

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Doctor’s note not always a ticket to a successful human rights claim

When I was in high school and university, it was not uncommon for a few of my classmates to fall ill during exams or just prior to a major test. When explaining to the teacher the next day why they were not present to write the test, one of the more common responses from the teacher would be, “Bring a doctor’s note.”

 

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Mistaken termination, no wrongful dismissal

Ten months after Imelda Roche went on medical leave, her employer sent her a termination letter, believing that she was better but choosing not to return to work. But when the employer found out Roche was still not well, it rescinded the termination and restored her benefits. Roche wasn’t impressed and sued for wrongful dismissal at the Supreme Court of Newfoundland and Labrador.

 

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Myths and misunderstandings regarding employees on leave

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

 

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