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Posts Tagged ‘Return to work’

Human Rights Tribunal barred from hearing application: no forum-shopping allowed

Friday, February 3rd, 2012

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

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Tags: barred from hearing application, Civil court, Disability, discrimination, duplication of claims, employment law, forum-shopping, human rights code, human rights tribunal, ontario, Ontario Human Rights Code, reprisal, Return to work, sex, short-term disability leave, statement of claim, termination, wrongful dismissal
Posted in Employment Standards, Human Resources, Human Rights | Make a Comment »

Myths and misunderstandings regarding employees on leave

Thursday, December 1st, 2011

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

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Tags: accommodation, Costco, Disability, Disability benefits, disability insurance, disability management, downsizing, duty to accommodate, eligibility for disability benefits, employment law, frustration of contract, Leaves of absence, maternity leave, medical evidence, medical leave, ongoing absence, parental leave, pregnancy leave, Return to work, right-sizing, terminating employee on leave, termination, undue hardship, wrongful dismissal
Posted in Benefits, Employment Standards, Human Resources, Human Rights, Payroll | 3 Comments »

Final WSIB work reintegration/NEER policies

Monday, July 11th, 2011

Last March, we discussed the WSIB’s new return-to-work approach that consist of the interim changes to the work reintegration policies under the Workplace Safety and Insurance Act , and the Work Reintegration NEER policy. Following extensive stakeholder consultation, the final seven policies on Work Reintegration and NEER become effective July 15, 2011.

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Tags: employment law, NEER, NEER policy, Re-employment obligations, Return to work, return-to-work approach, Work Reintegration, work reintegration policies, Workplace Safety and Insurance Act, wsib
Posted in Health and Safety, Human Resources | Make a Comment »

A closer look at the accessibility standard for employment under the AODA

Friday, June 10th, 2011

Now that the Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act is now law and will come into force on July 1, 2011, let’s take a closer look at the accessibility standard for employment.

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Tags: Accessibility for Ontarians with Disabilities Act, accessibility needs due to disability, Accessibility standards, accommodation, career development, Career development and advancement, Disability, during employment, emergency response, employment standard, human rights code, job accommodations, job applicants, ontario, performance management, reassignment of employees, recruitment, redeployment, Return to work, selection process
Posted in Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment, Training and Development | 4 Comments »

Employee’s options after constructive dismissal

Friday, April 15th, 2011

What does an employee do if she has been constructively dismissed but has not been told to leave her employ? Is she still entitled to continue to work for the employer and look for alternative employment? Is she obligated to do so?

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Tags: 10% reduction in all compensation, alternative employment, constructive dismissal, Dismissal, duty to mitigate, employment law, Evans v. Teamsters Local No. 31, mitigate losses, obligation to mitigate damages, period of reasonable notice, Return to work, Russo v. Kerr Brothers Limited, Supreme Court of Canada decision, terms of employment, unilateral and substantial reduction in compensation, unilateral change in working conditions, wrongful dismissal
Posted in Employment Standards, Human Resources | Make a Comment »

A new return-to-work approach: WSIB work reintegration policies

Wednesday, March 2nd, 2011

Interim changes to work reintegration policies under the Workplace Safety and Insurance Act came into force recently. The new work reintegration policies formally integrate existing policies on early and safe return to work, re-employment and labour market re-entry.

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Tags: duty to accommodate, early and safe return to work, employment law, Labour Market Re-entry, policies and procedures, re-employment, Return to work, Return to work policy, RTW, suitable occupation, undue hardship, Work transition, work-related disease, work-related injury, workers compensation, Workplace Safety and Insurance Act, wsib, WSIB work reintegration policies
Posted in Health and Safety, Human Resources, Human Rights | 2 Comments »

Dealing with an employee’s extended absence due to illness

Tuesday, November 16th, 2010

Employers are often faced with the prospect of dealing with an employee who is required to be absent from work for an extended period of time due to an illness. Employers must tread a fine line in determining when the employee is able to return to work and on what basis.

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Tags: absent from work for an extended period of time due to an illness, differential treatment, Disability, discrimination, duty to accommodate, extended absence due to illness, human rights code, indefinite medical leave, medical information from the employee’s physician, obligation to accommodate, Ontario Human Rights Tribunal, Return to work, terminations
Posted in Employment Standards, Human Resources, Human Rights | Make a Comment »

Employer’s duty to accommodate an employee’s illness

Tuesday, July 20th, 2010

I am often asked by HR Managers and other supervisory personnel how long an employee can be off work due to illness before he is deemed to have abandoned his position. Many HR people question whether they have to retain the opening indefinitely where there is no reliable prediction as to when an employee will return to work. The issue is important in that…

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Tags: Disability, duty to accommodate, Employee illness, employee return to work, Employer duty to accommodate, employment standards, frustration of employment contract, human rights, Job abandonment, Return to work, termination, undue hardship, wrongful dismissal
Posted in Human Resources, Human Rights | Make a Comment »

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