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Disability

The Interplay Between Long-Term Disability Benefits and CPP, WSIB, Severance Awards, EI, Welfare and more

Toronto lawyer David Share has written a paper that addresses "The Interplay Between Long-Term Disability Benefits" and the following:

  • The Canada Pension Plan Disability (CPP)
  • The Workplace Safety and Insurance Board Benefits (WSIB)
  • Severance Awards
  • Statutory Accident Benefits (Automobile) (SABS)
  • Employment Insurance (EI)
  • Social Assistance (Welfare)
  • Ontario Disability Support Program (ODSP.

The paper, published in October 2006, can be found here.

Employer liable for lost disability benefits when terminated employee became disabled during reasonable notice period

Jurisdiction: - Ontario

In Alcatel Canada Inc. v. Egan, 2006 CanLII 108 (ON C.A.), an employer was found liable for the lost disability benefits when an employee it terminated became disabled during reasonable notice period. You can read a summary of the case here.

"Attendance Management As A Method of Disability Management: The Value And Limitations"

Jurisdiction: - British Columbia - Canada/Federal

Vancouver lawyer Carman J. Overholt, Q.C. and articled student, Cristiano Papile, of Fraser Milner Casgrain, presented a paper on "Attendance Management As A Method of Disability Management: The Value And Limitations" at the Insight Conference, Duty to Accommodate that was held in Vancouver, BC on October 24-25, 2005.

Human Rights Tribunal sets out key factors when determining if person in "employment relationship" for purposes of Code

Jurisdiction: - British Columbia
Sector: - Health Care

In Crane v. B.C. (Ministry of Health Services) and others, 2005 BCHRT 361, the BC Human Rights Tribunal summarized the applicable principles as follows when determining if a person is in employment relationship such that they are protected by the Human Rights Code:  read more »

The Duty to Accommodate in 'Hybrid' Cases

Jurisdiction: - British Columbia
Sector: - Forestry

Published in Management Rights journal (Vol. VIII, No. 1, 2005), pp. 436

In its decision in Fraser Lake Sawmills, the B.C. Labour Relations Board stated that when faced with employee misconduct that is attributable to both an underlying addiction and to culpable factors ("hybrid cases"), the employer must fashion a response that addresses all circumstances of the case. This could include discipline for the culpable aspect of the misconduct while at the same time imposing administrative measures for the non-culpable aspect.

As I explain in the article (see the link below), the Board also stated that the underlying disability must be accommodated.

In the first decisions after Fraser Lake Sawmills dealing with addiction issues, the role of the duty to accommodate was generally overlooked as the labour relations community struggled with how the Board's decision should be applied in practice. However, in two arbitration decisions issued in 2005, the arbitrators discussed how the duty to accommodate should be addressed in hybrid cases.  read more »

"Termination Of The Employment Contract When An Employee Is Absent From Work Due To An Illness Or Disability"

Timothy J. Delaney, a Vancouver lawyer, has written a paper entitled, "Termination Of The Employment Contract When An Employee Is Absent From Work Due To An Illness Or Disability" (undated). The paper addresses the following two topics in a comprehensive manner:

  • frustration of the employment contract; and
  • assessing damages for the wrongful dismissal of an ill or disabled employee.