Working Notice Inappropriate For Employees Who Cannot Work

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

The Facts

The employee in McLeod v 1274458 Ontario Inc had worked as a mover for the company, driving a van and delivering furniture and appliances, for 18 years.

In 2015, the employee was injured in a car accident and placed on an unpaid leave of absence. In January 2016, the employee provided a medical certificate indicating he would be unable to return until March 15, 2015 due to knee pain and Post-Traumatic Stress Disorder.

On January 31, 2016, the company sent the employee a notice of termination, indicating that it would be shutting down on July 31, 2016, and that it considered the period between January 31, 2016 and July 31, 2016 to be working notice. It advised that if he returned to work during this period, he would be paid his