accommodation

Court comments on when employers can ask for an independent medical examination

August 22, 2017 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits

Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (IME) in certain circumstances, to facilitate the accommodation process.

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The Canadian Human Rights Commission publishes Impaired at Work: A guide to accommodating substance dependence

August 9, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, Human Resources, Human Rights

The national epidemic of opioid abuse and overdoses is almost a daily feature in news media. Meanwhile, recent figures indicate that prescriptions for painkillers continue to increase in Canada. It is in this context that the Canadian Human Rights Commission recently released a new guide: Impaired at Work: A guide to accommodating substance dependence.

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Marijuana use remains cloudy

June 29, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

As laws regarding marijuana continue to evolve, even now employers are faced with ongoing legal questions concerning medical marijuana use in the workplace.

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The end of accommodation? Frustration of the employment contract as a last resort

May 16, 2017 Stringer LLP Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Union Relations, Wages and Compensation

One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act and the Human Rights Code is to promote accessibility and accommodation in various forums, including the workplace. However, when it becomes clear that, despite accommodating an employee to the point of undue hardship, a disabled employee will never again be able to return to his or her job or be accommodated in another position, what can an employer do?

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Reasonable settlement offer prevents litigious complainant from proceeding

April 4, 2017 Employer Advisor, McCarthy Tétrault LLP HR Policies and Procedures, Human Resources, Human Rights, Union Relations

A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.

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Family status: The employee’s obligation under “the Code”

March 22, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code is a joint obligation, involving both the employee and employer.

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Additional employer obligations? Domestic and sexual violence

January 31, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

As of the writing of this blog, Bill 26 has passed second reading and is before the Standing Committee on the Legislative Assembly for consultation and, so it remains to be seen if the above changes will come into force. That said, with the recent legislative attention on protecting employees with respect to sexual harassment and violence, it is likely that employers may soon need to revisit their policies and programs to account for domestic and sexual violence.

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The AODA Employment Standards: Are you meeting the new requirements?

January 30, 2017 Fred Stewart Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Recruiting and Hiring, Standard for Employment, Standard for Information and Communications, Training and Development

We know that the AODA employment standards requirements are demanding because we have heard about the challenges from those organizations with 50+ employees that were obligated to comply in January 2016. Smaller employers with fewer resources may need additional assistance to keep track of the project, including reviewing, updating and implementing many HR forms and documents such as job offers, employment contracts, job postings and applications to ensure they are consistent with the new accessibility standards.

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Accommodation and when employees don’t engage in the process

December 9, 2016 Lisa Stam, Spring Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

The Human Rights Tribunal of Ontario (HRTO) released a very important development on family status discrimination, in a case that intersects with disability accommodation law. In Misetich v Value Village Stores, the tribunal reviewed the caselaw, including the Federal Court of Appeal’s Johnstone case, and clarified its test for accommodating family status requests in the workplace.

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Disability as a variable – A new optic

November 29, 2016 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Standard for Customer Service, Standard for Employment, Standard for Information and Communications

Looking at an Ontario Human Rights Commission discussion paper released in 2001, the aspects that make what is called intersectionality so appealing to a modern view of identity is that it does not pigeon hole a person as being represented by a sole code ground, or identity that is legally protected against discrimination.

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Definition of disability and the Ontario Human Rights Commission

July 29, 2016 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Training and Development

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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Is the recent increased support for Pride reflected in current legislation affecting employment?

July 7, 2016 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Training and Development

July 3, 2016 marked the first time a Canadian Prime Minister marched in Toronto’s Pride parade. But some may be wondering, ‘Do Canadian laws currently protect LGBT rights in the workplace, and have they kept up with the evolving climate of increased inclusion?’ The answer depends on the particular jurisdiction involved because the issue is addressed in human rights legislation across Canada.

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Addressing the effect that two new proposed Ontario statutory leaves may have on your organization #learnthelatest

June 24, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

First Reference Talks readers and 2016 Employment Law Conference attendees were introduced to two new proposed leaves in Ontario, Employee Leave of Absence When Child Dies and Domestic and Sexual Violence Workplace Leave. In order to get a further grasp on what the two new proposed leaves would mean for employers, I went to employment law lawyer Frank Portman of Stringer LLP to ask a few questions I thought our readers would want answers to.

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Silence proves costly: employment agreements and reasonable notice

June 13, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

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Allergies in the workplace

May 20, 2016 Beyond Rewards Inc Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Employment, Union Relations

Many people across the world face allergies that have an effect on every aspect of their lives, including the workplace. These allergies can impose difficulties on either being in a workplace or performing certain tasks in their job. One thing for employers to note is that if the allergy is severe enough, it would probably be considered a disability and must be accommodated appropriately.

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