Nason v. Thunder Bay Orthopaedic Inc.
Wrongful Dismissal: 15 Months Notice Upheld After Disability Termination
Summary
This appeal concerns a wrongful dismissal claim where an employee was terminated after being placed on medical leave due to disability. The trial judge awarded 15 months' pay in lieu of notice and damages under the Human Rights Code, finding the employer satisfied its duty to accommodate but did not prove the contract was frustrated. The Court of Appeal upheld the trial judge's decision, finding no palpable and overriding error in the assessment of undue hardship or the refusal to award additional damages for loss of income.
Outcome
appeal dismissed
Award
15 months' pay in lieu of notice and damages under the Human Rights Code upheld
Key Factors
- wrongful dismissal
- duty to accommodate
- undue hardship
- frustration of contract
- human rights damages
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