Indefinite protection for federal employee disabled by work-related injury

November 11, 2012 0 COMMENTS

by Nicola Sutton

When the employment relationship becomes impossible to perform because of a factor outside the control of a Canadian employer or employee, the employee’s employment can be terminated by virtue of frustration of contract. When an employee won’t be able to return to work because of injury or illness, the same applies. But not so for federally regulated employers such as banks, airlines, inter-provincial trucking companies, etc.

According to the recent decision of Kingsway Transport v. Teamsters, Local Union 91, the frustration argument is no longer available for those employers when the employee’s inability to return to work is because of a work-related injury or illness. read more…

Terminating Long-Absent Employees: ‘Frustration’ Isn’t Just a Legal Term

September 13, 2010 0 COMMENTS

By Gulu Punia and Kyla Stott-Jess

When an employee is absent because of long-term disability, employers naturally wonder how long they must wait before the employment contract has been “frustrated.” If it has, the employment contract can be terminated. According to the recent Ontario decision of Naccarato v. Costco Wholesale Canada Ltd., however, the question isn’t “how long” but rather “what is the prognosis?”

read more…

Managing LTD Claims: Less Pain, More Gain

July 05, 2010 0 COMMENTS

By Suzanne Porteous and Wendy Wang

The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What will it all cost?

read more…