Disability benefits

When can LTD benefits frustrate an employment contract?

February 20, 2020 Devan Marr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

Disability benefits, Dismissal, duty to accommodate, employment contract, employment law, frustration of employment contract, Long-term disability, short-term disability

Frustration of contract can be resolved by summary judgment – Does not require a trial

September 16, 2019 Sean Bawden Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, 0

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

Disability benefits, employment law, frustration of contract, Long-term disability, short-term disability, wrongful dismissal

Court disregards release where settlement “unconscionable”

August 29, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended.

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Frustration of contract

January 8, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

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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Court finds abandonment for failure to return to work or provide medical

September 4, 2015 Stringer LLP Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Standard for Employment, Union Relations, Wages and Compensation

Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition. Where an employer provides disability benefits, the employee will be required to show that they meet the definition of disability under the insurance policy, which will require the disclosure of medical information.

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The DSM-5 – Increased costs for employers?

September 30, 2013 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Standard for Employment, Union Relations

The DSM-5 has arrived. Despite what employers and disability providers may think about the changes, there is no choice but to deal with this revised and authoritative text on mental disorders.

Absenteeism, Benefits group insurance, depression, Diagnostic and Statistical Manual of Mental Disorders, Disability, Disability benefits, duty to accommodate, employee’s medical condition, employer benefit premium costs, Employer benefits plan, employment law, Insurers, leave of absence, mental disorders, The DSM-5, wsib

Most-viewed articles this week on HRinfodesk

July 26, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Privacy and Security, Union Relations

Employer properly withheld documents in access to information request Alberta’s privacy commissioner confirmed that an employer properly withheld certain information from an employee because the personal information of a… Ontario Court of Appeal upholds nearly $200,000 in damages for loss of disability benefits during common law notice period Reasonable notice under the common law requires […]

Disability, Disability benefits, employment law, grievance, Labour Law, personal information of employee, post employment benefits, termination, termination notice, terminations, workplace violence

Court of Appeal confirms entitlement to disability benefits

March 22, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits

Most employers are familiar with the potential legal exposure to damages that arises from dismissing an employee without cause. The damages are normally quantified by the value of compensation the dismissed employee would have received during the agreed-upon or court-ordered period of reasonable notice. However, most employers would not contemplate the possibility of having to pay the dismissed employee the value of disability benefits he or she would have received under a disability insurance policy until age 65…

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Reminder: Canada Pension Plan (CPP) benefits and the Post-Retirement Benefit effective January 2012

December 22, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Payroll, Pensions and Benefits

An earlier First Reference Talks blog post dealt with CPP contribution changes effective January 2012. This post will deal with changes to the Canada Pension Plan (CPP) benefits and the Post-Retirement Benefit your employees need to know.

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Myths and misunderstandings regarding employees on leave

December 1, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits

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

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Employer and insurer both breached privacy of employee

June 29, 2011 Christina Catenacci Human Resources, Privacy and Security

The Office of the Information and Privacy Commissioner of Alberta has determined that an employer violated the Personal Information Protection Act and the Freedom of Information and Protection of Privacy Act when it disclosed more information than necessary to determine the employee’s eligibility for disability benefits, and that the group insurance provider used the information without consent.

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LTD claims by dismissed employees

April 7, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case…

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Obligations to disabled employees

February 9, 2011 Earl Altman Human Resources, Human Rights

Dealing with disabled employees can be a vexing issue for most employers. A number of questions arise when an employee takes time off either temporarily or permanently due to a disability, whether physical or mental. These issues include:

Disability, Disability benefits, disability insurance, disabled employees, duty to accommodate, employment contract, employment law, reasonable notice, Supreme Court of Canada, terminations, wrongful dismissal, wrongful dismissal damages