disability accommodation

Can my employer dismiss me due to my unseen disability?

October 28, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers.

alcohol use disorder, disability accommodation, disability–based discrimination, discrimination based on disability, discrimination on the basis of disability, employment of persons with disabilities

Can behaviours associated with a sex addiction merit employee dismissal?

September 30, 2019 Devry Smith Frank LLP Employee Relations, Human Resources, Human Rights, 0

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

disability accommodation, duty to accommodate, employment law, sex addiction, wrongful dismissal claim, wrongful termination

“Desire to Work” is not enough: Appellate court upholds dismissal for frustration of contract

September 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate will only be triggered when the employee provides the employer with evidence of his or her ability to return to work, including any disability-related needs or restrictions.

disability accommodation, duty to accommodate an employee with a disability, employment law, frustration of contract, intention to return to work, Katz et al v Clarke

Three popular articles this week on HRinfodesk

July 11, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

The three popular articles this week on HRinfodesk deal with workplace romances, longer notice periods and accommodating a disability.

accommodation in the workplace, disability accommodation, employment law, sex addiction, termination, workplace romances

Accommodating addictions

July 10, 2019 Lisa Stam, Spring Law Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, 0

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.

disability accommodation, duty to accommodate, employment law