Case Comment: Can An Employer Cancel A Termination?

A recent decision from Newfoundland and Labrador, Roche v. Sameday Worldwide 2014 CanLII 8782 says you can. 

What happened?

In November 2008 an outside sales representative, with 29-years' service ("the plaintiff") was advised she was being removed from her position. She was given the option of two alternate positions (an inside sales position and an accounts receivable position) at less pay. A severance package was also discussed.   Before the employee accepted any option she went on sick leave for major depression and received short-term disability, followed by long-term disability ("LTD"). Her LTD  ended on August 28, 2009 when a Claims Specialist wrote to her saying she did not provide sufficient  medical information for it to continue. This letter was copied to the employer's Disability Management Coordinator.