accommodation to the point of undue hardship

Can accommodation include a reduction in pay?

October 4, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation, 0

One issue that arises occasionally when an employee is being accommodated is whether the employer can adjust their compensation to bring it in line with their new reduced hours and/or duties.

accommodation, accommodation to the point of undue hardship, Compensation for employees, employment law, Employment status

Objective evidence required when attempting to limit or deny an employee’s accommodation request

September 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

accommodatin, accommodation to the point of undue hardship, duty to accommodate, employment law, health and safety, modified work arrangements, undue hardship

Avoiding pitfalls in long-term disability claims

May 17, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, 0

Employers often provide their employees with access to long-term disability benefits through a group benefit plan. Group benefits are an attractive incentive for employees but can result in increased risk for the employer.

accommodation to the point of undue hardship, employment law, frustration of employment contract, long term disability claims, Terminating employment based on frustration of contract

Fired by a robot!

May 8, 2019 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR and Technology, Human Resources, Human Rights, 0

We have truly reached an age where people and robots are working together and where robots are effectively performing an HR function. HR, unlike a self-checkout or an assembly line robot, is something we normally think of as a soft, people only skill!

accommodation to the point of undue hardship, efficient and effective workforce, employment law, production or efficiency, robots, termination

Accommodation of medical marijuana

June 1, 2018 Rudner Law, Employment / HR Law & Mediation Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The right to accommodation, and the widespread acceptance of medical marijuana, does not mean that employees have a right to use marijuana at work. Safety considerations will be taken into account and although zero tolerance policies will not be automatically enforced, they will be enforced when appropriate.

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Employee not discriminated against as breastfeeding a “choice”- Federal Court of Appeal Decision

December 16, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

The recent decision by the Federal Court of Appeal addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act.

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