Double dipping: Can employees get severance plus pension or disability benefits upon termination?

September 11, 2017 0 COMMENTS

by Julie Robinson

Employees in Canada are usually entitled to receive reasonable notice of termination or pay in lieu of notice unless fired for cause. But if the employees receive pension or sick leave payments during the notice period, are they entitled to both their regular salary in lieu of notice and such pension or sick leave payments? Should the latter amounts be deducted from the salary otherwise owed by the employer in respect of the notice period?

Double recovery?

read more…

Clarification not required when accepting disabled employee’s resignation

July 30, 2017 0 COMMENTS

by David G. Wong

In its recent decision in Razo v. Essilor Canada, 2017 BCHRT 133, the British Columbia Human Rights Tribunal dismissed the argument that an employer could not accept the resignation of a long-term disabled employee without making further inquiries.

In this case, the complainant, Helen Razo, filed a complaint alleging discrimination on the ground of disability. The employer denied that it had refused to allow Razo to return to work and claimed that she had resigned.

read more…

Disability benefits claimant abandoned job

January 03, 2016 0 COMMENTS

by Shane Todd

Disability claims management is never easy. It is particularly difficult when employees refuse to provide enough medical information to substantiate their absence and entitlement to benefits, while also refusing to return to work. The decision in Betts v. IBM Canada Ltd., 2015 ONSC 5298, provides guidance to employers dealing with such cases. It confirms that failing to comply with the terms of a disability plan or to return to work may constitute job abandonment. read more…

Staggering cost of ‘no cause’ finding: Employer pays employee LTD benefits to age 65

December 28, 2014 2 COMMENTS

By Katherine Pollock

The Ontario Superior Court decision in Fernandes v. Peel Educational, 2014 ONSC 6506, reminds employers in Canada of how badly matters can go awry when a decision on the merits of a cause case is taken out of the hands of the parties and left in the hands of a third party judge. read more…