Constructive Dismissal due to Mental Illness??


#1

I have recently been on 5 months’ leave from work due to STD (Short Term Disability) because of Depression. As a result, my Employer terminated my Ex-Pat Assignment, based in Europe, and sent me home to Canada in order to apply for LTD. Except that they would have known that LTD is rarely granted for Depression. That’s Part One.

Part Two is that a fellow employee in Canada has made threats of severe physical violence against me – as recently as a few months ago – and I have these on record (voice recordings), which my Employer (ie my HR business partner) has heard and has copies of. In the letter I have from my Employer, it states that if my LTD claim is denied (which seems likely), and I do not appeal (which I understand also rarely works), I will be expected to return to work here in Canada. Which I cannot do without putting my Personal Safety seriously at risk because of this other employee being in the same office every day. (Note that my Employer knew of these threats before I was sent home to Canada).

So now what do I do? If my LTD application is denied then I am expected to return to work here in Canada - which would be totally fine except for a) my Depression, and b) a fellow employee who wants to kill me (literally). And so then I would have to resign in order to avoid putting my life at risk by going into the office here. I am sure that my Employer knows that that is what I would do. This sounds awfully like Constructive Dismissal to me. Do you have any advice on what I should do?

FYI, I am seeing a Psychiatrist here for a full Assessment in three weeks’ time. After that I can submit my application for LTD. So we have some time to think things through here. Thanks for reading.


#2

I don’t think the word is “constructive” dismissal, I think that means they have a legitimate reason.
I think you mean the opposite (I forgot the word).

Sounds like an employment lawyer or human rights thing.

I would get the free consult:
https://resolutelegal.ca/free-consultation/


#3

Hi Anna, This sounds like a difficult situation for you. If there is any good news, I have some to share with you. The majority of LTD claims are for mental health reasons and depression is by far the most frequent diagnosis. I’m not sure where you got the impression that LTD is rarely granted for depression, but that information is wrong. You have the correct next step in motion, which is an appointment with a Psychiatrist who will be the best person to make a diagnosis and treatment plan for you.


#4

Thanks for this, Joanne.

It was my MD that said he has never yet been successful in securing LTD for depression. He is the person required by the Insurance Company to fill out the relevant forms ( and not the Psychiatrist). He was almost reluctant to make the application. Not encouraging…

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#5

I question that.
If your regular MD is reluctant then no wonder he is never successful.