10/16/2026
Can an Employer Treat a Medical Leave as a Resignation? Analysis of a Recent Superior Court Decision
"A Story That Becomes “Totally Nuts”: Compensation Dispute and Allegations
Ms. Birenbaum, who was approximately 60 years old at the time of the decision, had served as Controller of Totally Nuts and More Inc. for more than 20 years and reported directly to Mr. Philip Khazzam, the company's sole owner, president, and director. In addition to her financial responsibilities, she acted as an intermediary between management and the company's other employees.
At the end of 2020, during the most challenging months of the COVID-19 pandemic, a dispute arose concerning Ms. Birenbaum's compensation, when Mr. Khazzam refused to grant her the 1.6% salary increase that had been awarded to other employees and instead imposed a salary freeze. Following a particularly tense FaceTime call on December 16, 2020, Mr. Khazzam took the position that Ms. Birenbaum had verbally resigned from her employment."
https://www.mccarthy.ca/en/insights/blogs/canadian-employer-advisor/can-an-employer-treat-a-medical-leave-as-a-resignation-analysis-of-a-recent-superior-court-decision
Effective ex*****on is essential in serving business owners. Communication paramount to the process of offering extended health benefits. This means that sometimes getting to “DONE” is as simple as coffee & conversation. ☕️
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