Termination and Disability Interaction in a Fixed Term Contract:

In Schram v Govt of Nunavut ( 2017 NBQB 143 ) the Plaintiff  was terminated 18 months before the end of the fixed term in her contract. However 8 months later she became disabled and remained so until one year after the end of her fixed term contract.

The Court found that she was entitled to her full salary for the 18 months remaining in her contract, even though she would have been unable to work for the last 10 months. Moreover, for the 1 year after her fixed term contract expired and while she was disabled, she was entitled to receive her LTD payments, which was about 66% of her salary.

However she was not entitled to receive overtime pay from the date upon which she became disabled.