intention to return to work

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

September 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

disability accommodation, duty to accommodate an employee with a disability, employment law, frustration of contract, intention to return to work, Katz et al v Clarke

Action for constructive dismissal unsuccessful where employee created hostile workplace

October 15, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources

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.

co-workers, common law, constructive dismissal, employment contract, employment law, fundamental term of the employment relationship, hostile work environment, hostile workplace, intention to return to work, negative treatment, Notice of termination, repudiation of the employment contract, resignation, resigned from position, terminations, wrongful dismissal