Thursday, December 1st, 2011
As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…
Read the rest of this post »Tuesday, October 4th, 2011
Although it was clearly discriminatory on the prohibited ground of disability, the Ontario Human Rights Tribunal recently found it could not allow an applicant to smoke his medical marijuana in liquor-licensed establishments. This discrimination could be justified because…
Read the rest of this post »Friday, September 16th, 2011
The tribunal that decided the case of alleged discrimination against a part-time paramedic with multiple sclerosis who was shifted to a part-time ambulance driver position (at the paramedic’s pay rate) left some loose ends, according to the Supreme Court of British Columbia. The Court sent the case back to the tribunal to decide if the employer reasonably accommodated the employee, even though he was not able to perform important paramedic duties.
Read the rest of this post »Friday, August 26th, 2011
In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.
Read the rest of this post »Monday, June 6th, 2011
Every employer has experience accommodating employees due to their religion, family needs, health or disability. Accommodation is a necessary practice to manage a workplace today, and it’s the law in Canada, enshrined in the Canadian Human Rights Act and various provincial statutes. But every case of accommodation is different, and interpretations of the law vary.
Read the rest of this post »Thursday, April 28th, 2011
Join us at the 12th Annual, Ontario Employment Law Conference, on June 15, 2011 at the Mississauga Convention Centre. This event is hosted by First Reference, with presentations by the lawyers at Stringer Brisbin Humphrey, experts in the areas of employment and labour law.
Read the rest of this post »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.
Read the rest of this post »Tuesday, March 1st, 2011
The Ontario Human Rights Code provides for a variety of prohibitions against discrimination on stated grounds, including disability. However, the Code goes on to specify “a right of a person under this code is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability”. Reading through the legalese, what this means is that it is not a prohibited act of discrimination to deny an employee a job for the reasons that his disability prevents him from performing that job. However, the Code goes on to provide that a person cannot be found incapable of performing the duties of his position if it is possible for the employer to accommodate his particular needs “without undue hardship”.
Read the rest of this post »Friday, February 4th, 2011
Some recent cases make the message to employers very clear: employers cannot minimize or ignore requests for accommodation on the basis of family status. The requests must be treated in the same way as requests for accommodation based on any other protected ground in the human rights legislation.
Read the rest of this post »Wednesday, February 2nd, 2011
Alzheimer’s/dementia is becoming a nationwide epidemic and impacting the workforce more and more every day. “Alzheimer’s not only touches more and more lives every day but also impacts the workplace, especially as older people are postponing retirement and continuing to work into their 70s…”
Read the rest of this post »Monday, January 31st, 2011
Under human rights legislation in all jurisdictions in Canada, employers cannot ignore the religious needs or observances of employees but must work with employees to try to accommodate them. In addition, the Canadian Charter of Rights and Freedoms protects freedom of religion and expression…
Read the rest of this post »Tuesday, November 2nd, 2010
Dealing with chronically ill employees is always a challenge for HR managers. They are often faced with the conflicting requirements of fairness to the employee and maintaining the employer’s ability to get work done.
Read the rest of this post »Wednesday, August 4th, 2010
Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.
Read the rest of this post »Friday, July 23rd, 2010
Elsa Torrejon was diagnosed in early 2009 with breast cancer. After telling her employer about her illness and requesting an indefinite leave to receive treatment for breast cancer, she found herself dismissed and fighting for her human rights.
Read the rest of this post »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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Leslie D Foreman:Andrew Taillon:
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