Failure to interview plaintiff before terminating for just cause problematic
In Czerniawski v Corma ( 2021 ONSC 1514) Justice Backhouse dealt with an allegation of just cause involving a 54 year old assembler with 19 years service.
Off sick for 2 years with no medical note is not job abandonment
In Hettrick v Triple F Paving (2021 ONSC 208) Miller J. had a situation where a 73 year old office manager with 21 years of service went off on a sick leave. Her employer asked for a medical note but did not say that in the absence of a medical note she would deemed to have quit.
Court rules that IDEL leave is NOT a constructive dismissal
In Taylor v Hanley Hospitality (2021 ONSC 3135) released June 7, 2021, Ferguson J. ruled that Coutinho v Ocular Health Centre (20121 ONSC 3076) was wrongly decided and thus does not have to be followed. The Plaintiff was put on IDEL leave on March 27, 2020, then recalled and returned to work on September 3, 2020.
