Severance provisions of old Ontario employment standards legislation infringe Charter equality rights of persons with disabilities.
On 19 January 2004, the Divisional Court of the Ontario Superior Court of Justice decided that s 58(5)(c) of the Ontario Employment Standards Act (ESA) infringed the equality rights of people living with disabilities. Section 58 provides an employee "with general entitlement to severance pay upon termination of his or her employment," but subsection (5)(c) "operates to deny severance pay to employees who are terminated in circumstances in which their contract of employment has 'become impossible of performance or frustrated' by illness or injury."
Ketter
Arryn
A
D002961:Civil Rights / Q000331:legislation & jurisprudence*; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D004651:Employment / Q000331:legislation & jurisprudence*; D006801:Humans; D009864:Ontario