Safety & HCM Post

Disability During Notice Period Costs Senior Employee His Termination Notice

This sad case involves a 63-year-old employee who was laid off after 43 years of service and got 12 months’ notice, instead of the 24 months to which he was entitled under common law (the ESC didn’t apply in this case). Suing to recover that money would have been pretty straightforward had he worked through the notice period. But he couldn’t do that because he became disabled just after the notice period began. And under common law, when a senior employee with long service becomes disabled and can’t work, the employer’s only obligation is to pay him disability benefits, which the employer did. Consequently, the Alberta court, with a heavy heart, dismissed the employee’s claims for termination notice [Belanger v Western Ventilation Products Ltd, 2019 ABQB 571 (CanLII), July 30, 2019].

Bongarde Editorial

Bongarde Editorial

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