In Pasap v Saskatchewan Indian Gaming Authority and Bear Claw Casino (2022 SKQB), Justice McMurtry had a situation where there was an issue as to whether the employee was fired or resigned. Having found that the Defendant had given him an ultimatum to quit or be fired, the Court found that he was fired and should have received 8 months notice.
Employers often provide their employees with access to long-term disability benefits through a group benefit plan. Group benefits are an attractive incentive for employees but can result in increased risk for the employer.
The case discussed in this article is important because it is a common concern of those who become disabled that they will cease to have access to LTD coverage if their employer terminates their employment before LTD benefits commence. What this decision appears to stand for is the proposition that it does not matter when employment ends, it matters when the injury or illness commenced.