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Emplo
y
ment Law Today
Canadian
www.employmentlawtoday.com
The need for creed p. 4
Recent human rights complaint
and expanding definition of
creed are putting more
expectations on employers
Frustration of employment contract
warrants termination, severance pay
Ontario employer deemed disabled worker's
employment at an end with no prognosis for returning
to work, but decision wasn't made in bad faith: Court
BY JEFFREY R. SMITH
AN ONTARIO employer who released a disabled
worker with no prospect of returning from his em-
ployment didn't act maliciously or egregiously but
must pay him statutory termination and severance
entitlements after his employment contract was
frustrated, the Ontario Superior Court of Justice
has ruled.
Ronald Hoekstra, 51, worked as a medical social
worker for Rehability Occupational erapy. Re-
hability hired Hoekstra in September 2005 under
a written contract of employment.
In December 2008, Hoekstra went on short-
term medical leave due to symptoms related to
severe esophageal and stomach conditions, dur-
ing which time he received group benefits from a
third-party health-care provider. He remained off
work for several months, returning in September
2009. Hoekstra worked for another couple of years
while being able to manage his conditions until
May 2012, when he once again had to take time off.
A sad ending to funeral home
manager's employment
New owners made several changes to terms of employment enshrined
in transition agreement that constructively dismissed former owner
BY JEFFREY R. SMITH
AN ONTARIO funeral home must pay a
former owner who became general man-
ager after selling the business more than
$1.2 million after changing several terms
of a transitional service agreement that
breached the agreement and amounted to
constructive dismissal.
Grant McGuinty ran the McGuinty Fu-
neral Home in North Bay, Ont. with his
brother for many years. e funeral home
was started by their grandfather many years
earlier and had been a family-run business
since its inception. McGuinty and his broth-
er took over the business in 1990, with Mc-
Guinty serving as the face of the business,
attending community events and participat-
ing in charitable work.
September 11, 2019
Ontario truck driver fired after accident,
speeding ticket reinstated pg. 3
Failure to remain at scene or report accident
not grounds for suspension; second incident
not enough for discipline
OWNERS on page 6 »
CREDIT:
RUSTY426/SHUTTERSTOCK
WORKER on page 7 »
with Stuart Rudner
Ask the Expert pg. 2
Employee on medical leave with
no prospect of returning
