First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

duty to accommodate

Employee unable to show dismissal was discriminatory

The British Columbia Human Rights Tribunal recently denied an employee’s complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.

 

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

Workplace accommodation has limits

In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers was an essential duty of her position.

 

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

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: projected salary increases for Canadian employers; an employer’s responsibility regarding protection of its workers from harassment and discrimination online; a denied request for accommodation by a Rastafarian man who claimed that female-only support workers were required by his creed.

 

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

FAQ: Family status and child care difficulties #learnthelatest

At the June 2, 2016, Ontario Employment Law Conference, during the Q&A session, we received numerous questions on topics covered at the conference but could not address them all. From time to time, till the next conference, we will be posting and answering some of these questions on the blog.

 

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

Mental health or physical disabilities that deal with the duty to accommodate

Mastering the ins and outs of the duty to accommodate under human rights legislation is hard. In fact, some would go so far as to say impossible. It’s no wonder this topic has floated to the top of the list of challenges faced by HR practitioners. I’ve given this some thought and come up with a number of rules that I feel should be followed in all cases.

 

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

Silence proves costly: employment agreements and reasonable notice

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

 

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

Interview with the Chief Commissioner of the OHRC on gender specific dress code

With the Ontario Human Rights Commission’s recent position on gender-specific dress codes, and with the increase of attention in the news regarding bars and restaurants requiring women to wear high heels, low-cut tops and short skirts, I thought it would be beneficial for our readers to get Chief Commissioner Renu Mandhane’s take on the issue of gender specific and sexualized dress codes in the workplace, and what employers should be doing to ensure that their dress codes are in compliance with Ontario’s Human Rights Code.

 

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

Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?

I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.

 

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

Toronto v. Cannabis

Dispensaries are currently undergoing a series of raids as TPF personnel are cracking down on store fronts and businesses that are working outside the law. The surge in organizations selling cannabis and cannabis products might well be egged on by the looming eventuality that cannabis will either become decriminalized or legalized in the near future.

 

, , , , ,

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

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.

 

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

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.

 

, , , , , , , , , ,

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.

 

, , , , , , , ,

Accommodating disabled employees: Can an employee demand to work at a different workplace?

In a recent case, an adjudicator concluded that an employer failed to accommodate an employee on long-term disability who requested that she be permitted to work in a different work location than a co-worker for mental health reasons.

 

, , , , , , , , , , ,

Human Rights Tribunal finds miscarriage constitutes disability

A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation.

 

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

Disabled employee earning $22,000 per year awarded $110,000 damages

Many employees now claim more than one type of legal damages in a wrongful dismissal case. This is particularly the case when the employee is disabled. The following case is a good example.

 

, , , , , , , , ,

Previous Posts Next posts