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Is an employer’s duty to accommodate becoming too much?

After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does not cause the employer undue hardship. This is the first time a ruling seems to clarify what employers’ obligations are when it comes to accommodation based on family status under human rights legislation. But is this too much for employers?

 

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When does a constructively dismissed employee have to remain in their employment?

Since the Supreme Court of Canada’s decision in Evans v. Teamsters Local Union No. 31, [2008] 1 S.C.R. 661, there has been a great debate surrounding whether a constructively dismissed employee must remain in their employment with the dismissing employer in order to mitigate their damages. In that case, the Court found that in some circumstances, the duty to mitigate will require an employee to remain in their employment. However, an employee is not required to remain with the employer if he or she would be required to work in an atmosphere of hostility, embarrassment or humiliation.

 

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