David Harris - Canadian Employment Law

Albanese vs. Securicor

 Patricia Albanese suffered from a disability which prevented her from working. She listened to her doctor who recommended that she remain off work. She was being paid short term disability when her company called her one day advising her to see an independent claims examiner to verify her illness.

She did so. The examiner asked her to send in a report from her family doctor, which she did do on the date requested.

 The company argued that she delayed sending in the form and terminated her employment. Two letters sent to the company asking them for their legal response were not answered.

 It was not until litigation was commenced that the company acknowledged the claim.

A claim has been presented for short and long term disability benefits, severance and enhanced severance due to the company’s conduct in dealing with the claim in such a manner.

The case is now scheduled to proceed to mediation.