Doctor's note alone can’t shield worker from dismissal: Court - hcamag.com
How long can an absent employee rely on a doctor's note before it's not enough?
A Canadian court has delivered a stark warning to workers relying on a doctor's note to shield them from termination during a mental health leave: the note alone is not enough.
In a February 20, 2026, decision, Justice D.R. Shynkar of the Alberta Court of Justice dismissed Thomas Kadler's $100,000 wrongful dismissal claim against West Fraser Mills Ltd., ruling that his prolonged, insufficiently explained absence and refusal to meet with his employer justified his termination.
When a breakdown becomes a battle
Kadler had been a Wood Room Operator at the High Level, Alberta sawmill since 2018, frequently working extended shifts. On December 15, 2022, after approximately 20 or 21 consecutive days of work, he learned at a toolbox meeting he would be required to cover the upcoming Christmas shutdown, contrary to his assumption that his vacation balance would spare him.
His reaction was immediate. "I blew up and said no I won't be, and I basically had a nervous breakdown," Kadler told the court. He was suspended pending investigation, went to hospital, and returned with a doctor's note recommending one month of stress leave.
HR manager Rhonda McCabe did not accept the note. Given the circumstances of his departure, she referred Kadler to Manulife, the company's third-party short-term disability claims assessor, for formal assessment.
Doctor’s note not a trump card
Justice Shynkar challenged the...
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