Working notice of termination no good if employee unable to work: Court

Says Ontario furniture mover on medical leave entitled to pay in lieu of notice
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 01/02/2018

An Ontario worker who was on medical leave when he received working notice of termination is entitled to pay in lieu of notice for his reasonable notice period, the Ontario Superior Court of Justice has ruled.

Keith McLeod, 44, was hired in 1998 by a furniture and appliance store in Scarborough, Ont., to be a mover. His job involved driving a van and delivering furniture to the store’s customers.

McLeod was in a car accident on Sept. 18, 2015, that was unrelated to his work, and he was injured. As a result, he needed time off to recover.