Missing deadline for medical information not just cause

Employee was careless for not following up with doctor, not dishonest: Arbitrator
|Canadian Employment Law Today|Last Updated: 10/03/2012

An employee on medical leave who failed to provide required medical information by a set deadline should have been disciplined but not fired, the Ontario Court of Appeal has ruled.

The employee was a sales consultant for the Yellow Pages Group Company, a commercial search and directory company based in Verdun, Que, who was hired in 1989. On Jan. 12, 2009, the employee was diagnosed with sever hypertension and work-related stress, so he went on short-term disability (STD) leave.

Eight days later, the employee was assessed by his physician, who filled out a form providing information on the employee’s status, which the employee passed on to Yellow Pages. Yellow Pages then gave the form to Medisys, its benefits provider.