Dragone v. Riva Plumbing Limited

Summary

A merits decision involving an employee diagnosed with metastasized breast cancer who was absent from work for 14 months. The court held that the employee did not resign and remained on sick leave, that the employment contract was not frustrated, and that the employer may have violated the Human Rights Code by terminating health benefits without reasonable notice.

Outcome

Court held that the applicant did not resign, the employment contract was not frustrated, and the termination of benefits may constitute disability discrimination.

Key Factors

• resignation
• sick leave
• disability discrimination
• employment contract frustration
• human rights code