Depressed employee not in right state of mind to quit: Arbitrator

Employer accepted resignation from employee suffering from depression and anxiety who was afraid she was going to be fired
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 04/26/2012

An Alberta employee who quit her job while suffering from poor mental health did not intentionally resign her position, an arbitrator has ruled.

The 46-year-old employee was an administrative support worker for the Alberta Department of Justice. In 2008, the employee began suffering ill effects from depression. When her job performance began to slip, she told management that she had been treated for depression since she was 16 years old. Occasionally, she had to take time off when her condition worsened.

The department worked with the employee to improve her job performance and deal with her depression. It developed a performance improvement plan that involved weekly coaching meetings with her supervisor.