accommodation

No obligation to accommodate employee’s “preference” to work closer to home

March 6, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.

accommodation, discrimination in employment, duty to accommodate, employment law, prima facie discrimination

Negligent misrepresentation claims against employers: A matter for labour arbitrators or civil courts?

February 21, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, 0

Does a unionized employee’s claim of negligent misrepresentation against an employer fall outside of the jurisdiction of a labour arbitrator and within the jurisdiction of the civil courts?

accommodation, collective agreement, employment law, labour arbitration, Labour Law, negligent misrepresentation

Accommodating mental disabilities in the workplace

January 29, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, 1

In our previous blog on mental health in the workplace, we looked at the distinction between mental illness and ordinary stress and anxiety. We’ll now turn our attention to ways employers should approach their duty to accommodate employees with mental disabilities.

accommodating mental illness, accommodation, accommodation process, accommodation to the point of undue hardship, employment law, expert opinion, medical documentation, mental disabilities, mental health, mental health in the workplace

Three popular articles this week on HRinfodesk

October 31, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

2020 payroll rates, accommodation, duty to accommodate, employment law, just cause dismissal

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

Federal Court of Appeal dismisses Air Canada pilots’ appeal regarding mandatory retirement at age 60

September 3, 2019 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, 0

In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.

accommodation, age discrimination, ageism, Air Canada, Air Canada pilots, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination based on age, employment law, mandatory retirement age, mandatory retirement practice, normal age of retirement, Pilot's Association, Vilven and Kelly

Refuse, snooze & lose

April 9, 2019 Piccolo Heath LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

For workplaces that operate on shift work, dealing with employee refusals to change shifts (especially to night shift) happens all too often.

accommodation, duty to accommodate, employment law, Shift work

Hold the applause: Clapping banned to reduce individual anxiety

November 16, 2018 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

A request for accommodation of alleged employee anxiety triggered by clapping should be treated in the same way as any other disability-related request for accommodation, that is, the employer must establish that there is in fact a disability triggering a duty to accommodate, and engage in a meaningful way to provide reasonable accommodation of the disability in question up to the point of undue hardship.

accommodation, anti-harassment and anti-discrimination policies, anxiety, employment law

BCCA issues guidance on the role of unions in the employee accommodation request process

June 13, 2018 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights, Union Relations

Employers may be permitted to deal with an employee directly in relation to a request for accommodation without involving the union, as the matter falls within the employer’s right to direct and manage the workforce.

accommodation, accommodation obligations, accommodation of employees, employment law, labour relations, role of unions, role of unions in accommodation

The duty to accommodate mental disability: 5 practical tips to help employers mentally prepare

June 11, 2018 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

Employers aren’t expected to be experts in mental health or mental disability. Mental illness and the mental disability it can cause are complex medical issues, and there may be times when the employer needs to seek expert medical advice or guidance.

Absenteeism, accommodation, collecting medical information, disclosure of mental illness, duty to accommodate, Duty to accommodate mental illness, employment law, mental disability, mental health, mental health awareness, modified job duties, modified work arrangements, modified work hours, workplace absenteeism

Discrimination or accommodation?

February 5, 2018 Michele Glassford Human Resources, Human Rights, Recruiting and Hiring

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

accommodation, discrimination, Discrimination or accommodation, employment law, hiring, human rights, personal information, prohibited grounds of discrimination, recruiting

Before the duty to accommodate, the duty to inquire

December 11, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Health and Safety, Human Resources, Human Rights

If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate.

accommodation, duty to inquire, employment law, mental health, undue hardship

Reinstatement of employment at the Human Rights Tribunal

November 23, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

accommodation, applicant’s disability, common law, discrimination, duty to accommodate, employment law, human rights code, Human Rights Tribunal of Ontario, monetary compensation, probationary period, reinstatement, reinstatement of employment, termination, undue hardship, wrongful dismissal

When can an employer ask for an independent medical examination?

November 3, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

accommodation, duty to accommodate, employment law, health and safety, human rights, independent medical examination, Ontario Human Rights Tribunal

The curious incident of the sick dog and paid leave in the work day

November 1, 2017 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Wages and Compensation

Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.

Absenteeism, accommodation, accommodation on the basis of family status, bereavement leave, employment law, family leave, Human Resources, paid leave, personal emergency leave, policies and procedures