employee with a disability
The three popular articles this week on HRinfodesk deal with: Employers seeking to change an employee’s terms and conditions of employment; OHRC guidelines on medical information and disability-related accommodation; CRA Income Tax Folio S4-F2-C2, Business Use of Home Expenses.
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.
Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition. Where an employer provides disability benefits, the employee will be required to show that they meet the definition of disability under the insurance policy, which will require the disclosure of medical information.
Under the Workplace Safety & Insurance Act (WSIA), an employer who employs 20 or more employees generally has a duty to re-employ an injured worker who has at least one year continuous service. And under the Ontario Human Rights Code, an employer has a duty to accommodate an employee with a disability. The duty to re-employ is however different than the duty to accommodate.
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.