The grievor, a nurse, was dismissed for innocent absenteeism after a non-work-related injury frustrated her employment contract.
The employer refused to pay severance pay, relying on s. 58(5)(c) of the Employment Standards Act, which exempts employers from paying severance to employees whose contracts are frustrated due to illness or injury.
The union grieved the denial as a violation of s. 15 of the Charter.
The Court of Appeal upheld the Divisional Court's finding that the provision discriminates against disabled employees by perpetuating the stereotype that they will not return to the workforce, and declared the provision unconstitutional.
