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Employee Disability and Damages for Mental Distress
Author(s): Overholt, Carman
Date: March 1 2005

Recent decisions by the Ontario Court of Appeal and a B.C. Labour Arbitrator show that employers must be extremely careful in how they manage disability issues in the workplace. In these decisions, the employees were awarded damages for mental distress arising from their dismissal in part because the employers inferred that the employees were not disabled and were making false claims.

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