3. Wilmot v. Ulnooweg Development Group Inc. 2007 NSCA 49 (CanLII) (2007), 283 D.L.R. (4 th )

237

The plaintiff had been employed by Ulnooweg Development group for 12 years when

that employment was terminated because of numerous absences caused by illness. Before that time

she had a history as an excellent employee, conscientious and diligent, who had never been

disciplined for misconduct of any kind. Her sickness took the form of depression and panic attacks.

There is no question about Ms. Wilmot's condition, but her absences made a negative impact on the

company and on the other people working with her. Finally, the company told her that she could only

come back if she was prepared to work on a full-time basis. She could not do this and her

employment was terminated. She sued for wrongful dismissal. Explain the arguments on both sides

and the likely outcome.