Safety & HCM Post

Failing Health No Basis for Giving Employee Extra Termination Notice

A construction firm inked its erstwhile independent contractor consultant to an employment contract and allows him to keep consulting for other clients. The consultant, age 54, suffered health problems but the firm accommodated him. Then, about a year into the arrangement, it fired him without just cause. The trial court awarded the consultant 5 months’ termination notice and then tacked on 3 more months to compensate for his “worsened medical condition.”  Nonsense, said the Court of Appeals. The consultant’s medical condition was no basis for increasing the notice period, especially when he could and did continue working for his other clients after he was fired.  And the court should have counted $30K of what he earned in that 5-month period as “replacement income” and subtracted it from his $54,165 notice award [Pakozdi v. B & B Heavy Civil Construction Ltd.,2018 BCCA 23 (CanLII), Jan. 19, 2018].

Bongarde Editorial

Bongarde Editorial

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