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The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

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The duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated in H.T. v. ES Holdings Inc. o/a Country Herbs.

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Three popular articles this week on HRinfodesk

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The three popular articles this week on HRinfodesk deal with: a case where an employee was given the ultimatum to take a demotion or go; a case where an employee used the OHSA’s work refusal provisions to avoid work assignments he did not like; and an inquiry of whether an employer confers a benefit to an employee by paying premiums with respect to an employee assistance program.

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After the accident: Pitfalls to avoid for employers after workplace accidents #learnthelatest

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy. The Occupational Health and Safety Act (the “Act”) requires that these parties take positive actions immediately from the time that an accident occurs. These actions can have important implications for later legal proceedings. Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

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Creating a stellar employee onboarding experience that helps employees soar!

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Starting a new job is a bit like taking a trip. You do the research online, check out TripAdvisor, book your tickets, pre-book your seats, board the plane and hopefully everything goes well and you enjoy your vacation destination! This blog will go through the onboarding process for new employees in such way that employers […]

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Doctor’s note not necessarily final word with WSIB

Source: WSIB

Employers should deploy a number of strategies to minimize their workers’ compensation related costs. One such strategy is to ensure you have instituted effective Early and Safe Return to Work (RTW) practices and procedures, including making an offer of suitable modified work for those employees who require modified duties a standard procedure.

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Victoria Day, public (statutory) holiday in Canada

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Typically, employees do get Victoria Day off with regular pay or public holiday pay (depending on the province or territory of employment). In the event employees are required to work on the statutory holiday, the employee must be paid regular wages and get a substituted day off, with pay, at a later date (again, this depends on the province or territory of employment).

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Allergies in the workplace

Many people across the world face allergies that have an effect on every aspect of their lives, including the workplace. These allergies can impose difficulties on either being in a workplace or performing certain tasks in their job. One thing for employers to note is that if the allergy is severe enough, it would probably be considered a disability and must be accommodated appropriately.

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Apology for workplace sexual harassment

It was recently reported in the media that after signing a peace bond, Jian Ghomeshi apologized in court on May 11, 2016, for his “sexually inappropriate conduct” towards a former co-worker who accused him of sexually assaulting her. Following the apology, the Crown withdrew the criminal charge of sexual assault for which Ghomeshi was slated to stand trial on June 6, 2016.

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Three popular articles this week on HRinfodesk

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The three popular articles this week on HRinfodesk deal with: Implementation of the Ontario Retirement Pension Plan; a human rights matter that addresses accommodation and mental disability; and a workplace safety and insurance matter that addresses modified work and entitlement to loss of earnings benefits.

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Ontario Immigrant Nominee Program announces temporary pause on high volume streams

On May 9, 2016, the Ontario Immigrant Nominee Program (“OINP”) announced that the Province of Ontario had received a sufficient number of OINP applications to meet its 2016 federal allocation. As a result, it has placed a temporary pause on the intake of applications under what it refers to as “select, high-volume” OINP streams.

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Separation anxiety: Prepare for employee exits

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The recent death of Justice Antonin Scalia highlights the duality of employee exits. For exits like Justice Scalia’s, it is unlikely that within hours of death, friends and family ponder the vacuum and replacement challenges the employer will face. Exits like Justice Scalia’s may precipitate introspection by remaining employees – resolutions to focus on family and work-life balance; or a realization that regardless of the power or indispensability of a role, in the end it really is “just a job”, because, as far as we know, we leave it all behind.

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Recent Ministry of Labour blitz finds $140,000 owing to unpaid interns

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In our article last month, we discussed the growing attention being paid to the issue of unpaid internships in Ontario. Since then the Ontario Ministry of Labour has released the results of a second workplace blitz designed to assess whether employers in the province are in compliance with the requirements of the Employment Standards Act, 2000,

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It takes two to tango: Superior Court rules on employees’ duty to facilitate in the accommodation process

Employers have a duty to accommodate employees with disabilities to the point of undue hardship, including facilitating the return to work of employees who require disability-related accommodation. An important aspect of this duty is procedural, i.e. the steps taken to search for a reasonable accommodation. Even if an employer ultimately cannot accommodate without undue hardship, failure to engage in the procedural aspect of the duty to accommodate is a violation of the Human Rights Code.

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Summary hearings at the HRTO: Is an alternative explanation enough?

When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.

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Ontario Ministry of Labour announces OHS and ESA blitzes for 2016–2017

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In 2016–2017, the Ministry of Labour of the Province of Ontario will continue to implement its proactive campaign of “blitzes” to ensure that the Occupational Health and Safety Act (“OHSA”) and the Employment Standards Act, 2000 (“ESA”) are followed. The various blitz campaigns are set to start May 2, 2016 and continue to run for more than one year until June 2017 in some cases.

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