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discrimination based on disability

Reasonable settlement offer prevents litigious complainant from proceeding

A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.

 

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Managing toxic employees in the workplace

A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including either its property or people.”

 

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Sick employees left to twist in the wind?

The recent increase to Employment Insurance benefits for Compassionate Care Leave from 8 weeks to 28 weeks has given most employees in Canada the ability to care for seriously ill loved ones without jeopardizing their employment for up to 28 weeks. In addition to compassionate care leave most provinces also provide for critically-ill child care leave and some family responsibility leave enabling employees to cover the periods of illness of family members. So why don’t most provinces offer the same job protection to sick employees?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: The federal government’s announcement regarding changes to parental leave rules; a case that looks at discrimination based on disability and the accommodation provided by the employer; and an FAQ that addresses whether employees on maternity or parental leave are allowed to extend their leave using accrued vacation.

 

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Deaf worker terminated due to ‘inconvenience’

You’d probably be fair in thinking that a deaf, gay Aboriginal man can have a hard time getting a break, but Darryl Wesley seems like the type of person who doesn’t let obstacles get in his way. Nonetheless, when he was terminated from a landscaping job in North Bay, Ontario…

 

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Doctor’s note not always a ticket to a successful human rights claim

When I was in high school and university, it was not uncommon for a few of my classmates to fall ill during exams or just prior to a major test. When explaining to the teacher the next day why they were not present to write the test, one of the more common responses from the teacher would be, “Bring a doctor’s note.”

 

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Two kicks at the can: Worker allowed to re-litigate WSIB accommodation dispute at the Human Rights Tribunal

Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal.

 

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Can employers in Canada refuse to hire smokers?

Recently, an Ottawa-based tech company called Momentous Corp. has attracted national attention because it implemented a blanket policy against hiring smokers and advertises that it will hire non-smokers only. In order to reduce its health costs, Momentous prohibits the hiring of or allowing any smoking on its property during working hours…

 

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Learn the latest! — Human Rights Tribunal finds discrimination in request for medical information

In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.

 

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The Charlie Sheen treatment: is workplace addiction a laughing matter?

You might have seen something on the news or online recently about Charlie Sheen, or maybe one of your co-workers or friends mentioned some of the outlandish things Sheen has said in interviews recently. You might have thought, “Charlie Sheen? He’s still around?” Or maybe you know his hit sitcom, Two and a Half Men, so you know he hasn’t faded away into obscurity. At any rate, you might have been surprised that by his own admission he had done and was continuing to do the amount and kinds of drugs that only celebrities can do and continue to live.

 

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