Novel bid for severance denied

If an employee on disability can’t be accommodated, the employment contract isn’t viable
By Lorna Harris
|Canadian HR Reporter|Last Updated: 08/10/2004

(CASE UPDATE BELOW)

Should severance pay be required for employees on long-term disability who can no longer fulfill the contract of employment?

In a recent arbitration case, Mount Sinai Hospital in Toronto terminated the employment of a nurse who was unable to work for more than two and a half years. She injured her knee in a water-skiing accident and even with surgery never fully recovered. The hospital could not foresee employing her again, as it could not accommodate her disability in the workplace.