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workplace accommodation

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.

 

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Intersectionality: Re-think your pre-think

We need to take a step back and reassess our assumptions that preclude those who are marginalized. We need to get a sense of how we can think inclusively while building roads to view human diversity as more than a product of a singular association or identity. The concepts of accommodation, accessibility and inclusion that an organization uses have to be robust enough to pay respect to the fact that people are a system of identities that continuously flow and change.

 

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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.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employee who described their workplace as a “sh*t hole” on Facebook was found to be justly terminated; how to prepare for marijuana legalization in Canada; and a pension and benefit plan provider who breached privacy law, causing an employee to lose life insurance coverage.

 

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Employers: A shining example of how not to treat your employees

Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly. A prime example of employer misconduct for failing to accommodate and providing reasonable notice is the case of Strudwick v Applied Consumer & Clinical Evaluations Inc. This case highlights a number of important lessons for employers.

 

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Definition of disability and the Ontario Human Rights Commission

When creating policies that make statements about accessibility, attempts should be made to view disability as a social system instead of a schedule of impairments in order to align an organization’s forward movement with principles of Human Rights. Also, the time is long past due for an evaluation of how intersecting identities can create unique accessibility and accommodation needs.

 

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The triple threat: flexible work policies, workplace accommodation procedures and WSIB return to work

Your company can ensure that it prepared to deal with requests for workplace accommodation on any of the prohibited human rights grounds and that it can provide compliance to WSIB Return to Work requirements by having a solid foundation of flexible work policies.

 

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Medicinal marihuana in the workplace

Over the years, workplaces all over Canada have seen many different issues, in particular regarding smoking and narcotic prescription drugs. The most recent issue workplaces are struggling with is medicinal marihuana. There is a lot of stigma around using marihuana for medicinal purposes, so you can only imagine how people would feel about using it in the workplace. Marihuana is scarcely viewed as a medicine, which is the biggest issue. Marihuana is viewed as an illegal drug, so who would think its ok to do drugs at work?

 

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Working families is more than political platitude for employers

Statistics show that the duty to accommodate employees on the basis of family status is an issue which will become a critical one over the coming years for almost all employees and employers.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.

 

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Arbitrator orders highest damage award in history against the Ontario Government for discrimination

Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by awarding more than $100,000 in damages for breach of the Ontario Human Rights Code and the applicable collective agreement for discrimination, harassment and poisoned work environment.

 

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What responsibility does your company have to workers with cancer?

Cancer is the leading cause of premature death in Canada and is one of the leading causes of death in the country, responsible for approximately 30 percent of deaths each year. Forty percent of Canadians will develop some form of cancer in their lifetime. As a result, employers must deal with both the risk and effects of both occupational and non-occupational cancers in their workplace.

 

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Solid evidentiary burden to prove constructive dismissal due to poisoned work environment

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In a recent decision, General Motors of Canada Limited v. Johnson, the Ontario Court of Appeal provided clarity on an employee’s burden of proof when alleging constructive dismissal based on a poisoned work environment.

 

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First Nations Day and Multiculturalism Day in Canada

June 21, 2013, is First Nations Day in Canada, and June 27, 2013, is Multiculturalism Day, and is worth mentioning.

 

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