An Ontario worker is entitled to statutory termination pay and severance pay after her employment contract was frustrated by a pattern of absenteeism caused by multiple illnesses and an injury, an arbitrator has ruled.
The worker was a nurse employed with Unity Health, a Catholic hospital network in Toronto.
The worker started having significant problems maintaining consistent attendance at work. She suffered complications from her pregnancy, which caused a number of absences, and broke her ankle on another occasion, causing another absence. However, she developed a pattern of absences for other reasons, and this led to Unity Health putting her on an attendance management program.