In this leading case, Mae J. Nam successfully argued that the employer discriminated against an employee when it terminated him after the employee had been on sick leave for more than 2 years. Despite the collective agreement giving the employer the right to terminate employees who had been out of the workplace for more than 2 years, Mae convinced the arbitrator that the employer had an obligation to give the employee notice of its plans to terminate them and to take steps to try to accommodate the employee before moving to frustration of contract.
