The Federal Court of Appeal decided in Western Grain
By-Products Storage Ltd. v. Donaldson, 2015 FCA 62 (March 4,
2015), that Western Grain By-Products Storage Ltd ("Western
Grain") did not constructively dismiss its employee,
Donaldson, when it refused to return him to work from extended
leave due to illness without receipt of "a better
doctor's note."
Donaldson had been employed by Western Grain, the operator of a
grain terminal, for approximately 20 years. On May 9, 2007, he was
hospitalized for approximately 11 days due to illness. He remained
off work and notified his employer that his physician had concluded
that he was unable to return to work due to health concerns. He
made a claim with the Workplace Safety and Insurance Board (WSIB)
stating that his symptoms were possibly related to a toxic allergic
reaction to grain dust. On October 17, 2007, the WSIB informed
Donaldson that his medical records did not establish that his
illness was an occupational disease.
