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discrimination on the basis of disability

OHRT rules the “flu” is not a “disability” attracting the protection of the Human Rights Code

As an employment law practitioner, it is refreshing to see any court and/or administrative tribunal release a decision that makes “common sense” (as well as legal sense). Recently, the Ontario Human Rights Tribunal had to determine if the common flu and strep throat constituted disabilities under the Human Rights Code .

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with whether an employer had the right to terminate an employee’s employment without notice , how a government employee alleged discrimination on the basis of disability and the Ontario Labour Relations Board’s decision permitting the use of telematic devices to monitor company vehicles.

 

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Human Rights Tribunal scrutinizes medical note in allegation of discrimination on the basis of disability

Human Resources practitioners are constantly confronted with medical notes from employees that do not provide any meaningful medical information (i.e. Bob is off work for 2 weeks because he is under doctor’s care). In addition, some employees who are disciplined or terminated after submitting these less than informative medical notes will file human rights complaints alleging discrimination in employment on the basis of a disability. Recently, the Ontario Human Rights Tribunal (“Tribunal”) had a chance to comment on these all too common issues…

 

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