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ARTICLE · 08 JULY 2019

Managing Disabilities: Does A Desire To Work Prevent An Employer From Terminating If The Employee Cannot Work?

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Many employers struggle to manage disability leaves. It is particularly difficult when the employee wants to work, but their physician says there is no chance the employee can for the foreseeable future.

CanadaEmployment and HR
Gillian Round
Gillian Round
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Many employers struggle to manage disability leaves. It is particularly difficult when the employee wants to work, but their physician says there is no chance the employee can for the foreseeable future. The decision in Katz et al. v. Clarke provides guidance to employers dealing with this situation. It confirms the desire to work does not prevent an employer from ending employment because the employee is not able to work for the foreseeable future.

What Happened?

The employee went off work in 2008 and was approved for long-term disability benefits. In 2013, a doctor confirmed there was no reasonable expectation the employee would be able to perform his essential duties in the foreseeable future.

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