How is that for a headline? Forget the “ALBERTA” part, it can happen just as easily in Ontario. In fact, over the years, we have worked with several clients to navigate and avoid this very type of situation.
Accepting an employees resignation that may be suffering from either a physical or mental illness is fraught with risk. In these complicated situations it is better to NOT accept their resignation. Instead, remind them of any EAP or mental health supports and ensure they are aware of any disability benefits they may be eligible for and assist them in applying for them.
The Ontario Human Rights Commission website has a page dedicated to this area of risk to help make employers aware. https://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/13-ending-employment-relationship
The relevant section states… “Where an employee resigns suddenly in circumstances that indicate the employee’s decision may be affected by a mental illness or other disability, the employer should take steps to determine whether any accommodation is needed before accepting such a resignation. Even if no accommodation is sought, the employer should make sure that the employee understands the implications of the decision, has time to reflect, and is able to rescind the resignation within a reasonable period of time.” Read more below.
Decision sent shockwave across the country’s employment landscape. Employers must take note
With mental health increasingly at issue in Canadian workplaces, a new decision has just sent a $1-million shockwave across the country’s employment landscape. Employers must take note.
An employee who has spent 16 years building their career suddenly resigns. The employer accepts. The paperwork is done, the position filled and everyone moves on.
Except that years later, the employer finds itself having to pay a human rights award exceeding $1 million.
That is the striking turn of events in Volpi v. Lifemark Health, in which an Alberta human rights tribunal awarded a former physiotherapist $40,000 for injury to dignity and a staggering $965,338.14 in lost wages, plus interest. The tribunal also ordered the employer to implement an accommodation policy at its clinic.
