If a plaintiff can establish a loss of employment time representing, on average, between 2 and 3 days per month, would that affect her employment?
Ontario, Canada
The following excerpt is from Bridgewater v. James, 2004 CanLII 48701 (ON SC):
Second, however, even if the plaintiff had been able to establish a loss of employment time representing, on average, between two and three days per month, the plaintiff would not have satisfied the test in Meyer v. Bright. Again, the test would only be met if the extent and regularity of the employee’s lost time resulted, or will result, in a termination of employment or other involuntary retirement of the employee. There is no evidence before me from her employer that would justify such a conclusion. In fact, her employer testified that he thought the plaintiff’s absences averaged two or three days per month as the plaintiff alleged and did not suggest that this jeopardized her employment.
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