duty to accommodate
May 22, 2013 Stringer LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation,
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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May 16, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.
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May 9, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations,
The three most viewed articles on HRinfodesk this week deal with the difficulty of characterizing the employment relationship as that of independent contractor, the taxability of employer-paid membership fees and the high price of age discrimination.
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April 18, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.
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April 16, 2013 Simon Heath Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation,
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
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March 28, 2013 Yosie Saint-Cyr Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation,
On Friday March 29, 2013, also known as Good Friday, employees across Canada get a day off with regular pay or public holiday pay (depending on the jurisdiction).
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March 7, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Union Relations,
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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March 5, 2013 Marcia Scheffler Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Union Relations,
The recently publicized news regarding the ban of telecommuting at Yahoo has ensued in a debate about the benefits of flexible work from home versus the requirement to come into work. However the first thought to cross my mind was that this flexible work arrangement only applies to a very small and privileged sector of employees. For example, working in healthcare, I am very aware of the fact that this debate doesn’t apply to nurses or personal support workers.
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February 25, 2013 Yosie Saint-Cyr Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights,
As we can see by this article, employees requesting a religious accommodation can sometimes conflict with safety issues.
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February 21, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with workplace discrimination due to childcare obligations, terminating a disabled employee on sick leave and the need to have clear written policies on employee conduct and discipline.
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February 19, 2013 Simon Heath Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.
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February 14, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
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February 13, 2013 Adam Gorley Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation,
In January, I wrote about how large organizations in Ontario must prepare multi-year accessibility plans to comply with the Accessibility for Ontarians with Disabilities Act (by 2014). Well, those organizations (50+ employees) have also got to develop and implement relevant policies by 2014 as well, and that’s going to arrive sooner than you think. Small organizations (1–49 employees) have until 2015 to prepare policies.
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February 11, 2013 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.
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February 8, 2013 Clear Path Employer Services Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment,
As of January 2013, Canada is now the first country in the world to adopt a national standard for mental health in the workplace. Several health and safety and human rights legislation across Canada already address providing safe and healthy workplaces, the prevention of harassment that includes bullying, sexual harassment, and discrimination based on disability which includes mental illnesses. However, this new standard now gives employers and employees support to make their workplaces psychologically safe and healthy.
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Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
Most-viewed articles this week on HRinfodesk
February 14, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
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canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination