First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

duty to accommodate

Refuse, snooze & lose

For workplaces that operate on shift work, dealing with employee refusals to change shifts (especially to night shift) happens all too often.

 

, , ,

Human rights – Your duty as an employer

In 2017, 66% of all human rights claims were employment-related. Employers have the duty to be compliant with the Ontario Human Rights Code.

 

, , ,

Arbitrator orders nurse who was caught stealing narcotics to be reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

 

, , , , , ,

Lack of evidence works against employer at the HRTO

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Q&A: Medical marijuana inquiry during hiring or screening process

Can we ask during the hiring and screening process if a potential employee is using medical marijuana for a position that requires driving or that is a safety sensitive position?

 

, , , , , , , , , ,

Sober, safe and productive workplaces: Managing the legalization of recreational marijuana

The pending legalization of recreational marijuana has raised concerns for employers as to how legalization may impact their workplaces and what steps may be taken to protect staff, ensure safety and avoid loss of productivity.

 

, , , , , , ,

The duty to accommodate mental disability: 5 practical tips to help employers mentally prepare

Employers aren’t expected to be experts in mental health or mental disability. Mental illness and the mental disability it can cause are complex medical issues, and there may be times when the employer needs to seek expert medical advice or guidance.

 

, , , , , , , , , , , , ,

Accommodation of medical marijuana

The right to accommodation, and the widespread acceptance of medical marijuana, does not mean that employees have a right to use marijuana at work. Safety considerations will be taken into account and although zero tolerance policies will not be automatically enforced, they will be enforced when appropriate.

 

, , , , , , , , , , , ,

Improving accessibility standards for employment

Accessibility sign

The Ontario government is updating the accessibility standards for employment to make employment more accessible to people with disabilities.

 

, , , , , , , , ,

Good Friday, Easter and Passover in 2018

Good Friday, observed on March 30 this year, is a statutory (public) holiday recognized across Canada. Depending on the jurisdiction, most employees are entitled to a day off with regular pay or public holiday pay.

 

, , , , , , , , , , , ,

Abrams v. Kupar: Pregnancy not a factor in short-term employee’s termination

In the matter of Abrams v. Kupar, the applicant, who was pregnant at the time, was terminated from a new job. The applicant believed it was due to the fact that she was pregnant. The respondent alleged that the termination had nothing to do with her pregnancy, but rather that the employee was not suited for the job. The matter was heard at the Human Rights Tribunal of Ontario. The Tribunal’s decision was in favour of the respondent.

 

, , , , , , , , , , , , , , , , ,

HRTO issues rare interim order based on family status

As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre.

 

, , , , , , , , , , , , , , , , , , , , ,

Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

, , , , , , , , , , , , , ,

When can an employer ask for an independent medical examination?

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

 

, , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed.

 

, , , , , ,

Previous Posts