Is temporary sickness a cause for summary dismissal at common law?
British Columbia, Canada
The following excerpt is from Wightman Estate v. 2774046 Canada Inc., 2006 BCCA 424 (CanLII):
Temporary sickness is not a cause for summary dismissal at common law. In Dartmouth Ferry Commission v. Marks, supra, Davies J., who gave the majority judgment, said at 374, The law permits [temporary sickness] on the ground of common humanity to be offered as an excuse for not discharging duty temporarily and suffers the disabled party to recover wages for the time he is temporarily away from his work.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Can an employer rely upon misconduct discovered after an employee has been dismissed to justify a summary dismissal? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
Inaccuracies and errors of judgment must not be put together as grounds for dismissal, in what circumstances will the court accept as a cause for dismissal? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
Is there cause for summary dismissal in a civil case? (British Columbia, Canada)
Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
Can a dismissal be dismissed for just cause if it violates human rights standards? (British Columbia, Canada)
