Long-term disability

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

Dealing with employee misconceptions regarding LTD

November 20, 2019 Devan Marr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, 0

Long-term disability (“LTD”) coverage is often a key benefit employees derive from their employment. LTD benefits can provide significant security to employees in the form of income continuation when they are disabled due to an illness or injury. Today we deal with some common misconceptions that employers may face when attempting to manage an employee’s absence due to disability.

absence due to disability, claim for frustration or abandonment, duty to accommodate an employee with a disability, employment law, entitlement to benefits, Injured employee, Long-term disability, LTD benefits, pay in lieu of notice, termination of employment

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.

appealing LTD claim, best practices, Disability benefits, employment standards act, imbalance of bargaining power, Long-term disability, LTD, Ontario Superior Court, Swampillai v. Royal & Sun Alliance Insurance Company of Canada, test for unconscionability, vulnerable employee

Three popular articles this week on HRinfodesk

August 31, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, International HR Law, Payroll, Penalties and Fines, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: how a Tribunal addressed disabled employee resignations, a criminal negligence charge against a worker and the long reach of Canadian civil liability for human rights impacts of foreign operations.

criminal negligence, employment law, human rights, Long-term disability, termination, workers compensation

Don’t make promises you can’t keep (even inadvertent ones) – a good lesson for all BC employers

June 28, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The recent decision of the BC Supreme Court in Feldstein v. 364 Northern Development Corporation provides a cautionary tale for well-meaning employers seeking to provide compensation and benefits package details to candidates during the interview process.

aggravated damages, Benefits plans, benefits provider, compensation and benefits package, Duty of care, employee benefits, employment contract, employment law, interview process, Long-term disability, LTD benefits, termination, terminations, terms and conditions of employment, written agreement

Employee whose contract is frustrated by terminal cancer entitled to termination and severance pay

October 26, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

It is clear from the relevant statutory and regulatory provisions under the Employment Standards Act, 2000 that an employee whose contract is frustrated on account of illness or injury is entitled to both termination pay and severance pay.

2000, contract is frustrated on account of illness or injury, critical illness, employment contract, employment law, employment standards act, Frustration in employment law, frustration of contract, HR Law, Long-term disability, Return to work, Severance pay, Terminating employment based on frustration of contract, termination pay

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…

Brito et al. v. Canac Kitchens, cancer of the larynx, Disability benefits, Echlin, employment standards act, long-serving, Long-term disability, LTD, mitigation, severance, short-term disability, statutory minimum, termination, termination notice, termination pay, termination without cause, totally disabled, wrongful dismissal

Payroll deductions relating to long term disability premiums

July 29, 2011 Alan McEwen Payroll, Pensions and Benefits

Recently, one of our subscribers was wondering how to deal with payroll deductions relating to long-term disability (LTD) premiums. They wanted to know if the amount they deduct from the employee’s paycheque must include the Ontario sales tax on the LTD premium?

Deductions at source, employer portion of the LTD premium, insurance company, Long-term disability, LTD coverage, LTD premiums, Ontario Retail Sales Tax, Payroll deductions

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…

common law notice, contractual agreement, damages for lost disability benefits, Disability benefits, employment contract, employment law, lengthy notice period, liability, Long-term disability, LTD, minimum notice, moral damages, notice of dismissal, post employment benefits, punitive damages, salary and benefit continuance, severance, termination, termination without cause, wrongful dismissal