disability leave

Three popular articles this week on HRinfodesk

June 20, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with a Quebec Superior Court decision regarding annual salaries, the CRA improvements for small and medium sized businesses and the Saskatchewan minimum wage increase in October.

CRA programs and services, Disability, disability leave, disability management, employment law, Payroll, public sector wages

Working notice inappropriate for employees who cannot work

December 19, 2017 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

Disability, disability leave, employment law, health and safety, just cause, Notice of termination, termination, working notice

To IME or not to IME, this is the question

December 18, 2015 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Standard for Employment, Union Relations, Wages and Compensation

In the recent decision, the Ontario Human Rights Tribunal (“OHRT”) addressed the issue of when it would be reasonable for an employer to request an Independent Medical Exam (“IME”) from an employee during the accommodation process. The OHRT ruled that an employer request for an IME will be justified when it was “reasonable” in the circumstances of creating an individualized accommodation plan.

accommodation process, disability leave, doctor's note, doctor’s medical evidence, duty to accommodate, employment law, family doctor, human rights code, IME, Independent Medical Exam, individualized accommodation plan, medical information, policies and procedures

Commencement of notice period when employee is dismissed while on disability leave

November 6, 2015 Rudner Law, Employment / HR Law & Mediation Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Standard for Employment, Wages and Compensation

Sometimes, individuals will be dismissed from their jobs at a time when they are on disability leave. There is nothing wrong with this, as long as the decision to dismiss is entirely unrelated to the employee’s disability. For example, if an organization decides to eliminate a department of ten people, one of which is currently […]

calculation of pay in lieu of notice, disability leave, disability plan, Employee dismissal, notice period, Severance pay, straightforward dismissal, termination, terminations, value of disability benefits

Ontario Divisional Court upholds a worst-case scenario decision from the Human Rights Tribunal

November 4, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

Last year, we reported on the notable Human Rights Tribunal decision of Fair v. Hamilton-Wentworth District School Board where the Tribunal ordered the reinstatement, along with over $400,000 in back pay and damages, to an employee despite the employee having been away from the workplace for almost a decade.

back pay and damages, disability leave, discrimination, duty to accommodate, employment law, failed to properly accommodate an employee, Fair v. Hamilton-Wentworth District School Board, human rights tribunal, judicial review, monetary award uncharacteristically high, reinstatement, Reinstatement as a remedy, termination, to the point of undue hardship

No perfect attendance bonus to employee on workers’ compensation leave of absence

May 5, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

Managing absenteeism and dealing with the associated costs are among the most difficult things employers face. Accordingly, many employers try to incentivize employees to improve their attendance by providing bonuses based on meeting attendance thresholds. Seems simple enough. However, what if an employee is off work on a disability leave? That employee is off work through no fault of his/her own yet otherwise had perfect attendance. Should such an employee be able to claim the attendance bonus?

attendance bonus, attendance bonus plan, attendance bonus policy, attendance record, company policies and procedures, differential treatment, Disability, disability leave, discrimination, employee off work on a disability leave, employer-paid leave, employment law, Halltech Inc. and United Steelworkers of America, HR policies and procedures, human rights code, human rights violation, leave of absence, managing absenteeism, non-culpable, non-culpable absence, ollective agreement, policies and procedures, Statutory leaves, unpaid leaves, workers compensation, workplace

Employer’s unreasonable increase in duties and poor response to employee concerns constitutes constructive dismissal

March 10, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.

ability to perform duties, condonation, constructive dismissal, disability leave, Dismissal, duty to mitigate, Employer refused to give him a raise, employment law, hostile work environment, increase in duties, increase in salary, job description, job responsibilities, pay in lieu of notice of termination, salary, termination, termination letter, terminations, working notice, working notice of termination, workload

Employees who hate working…a human rights issue?

May 28, 2010 Christina Catenacci Human Resources, Human Rights

An employee who hates working and being managed by his or her supervisor – Can this become a human rights issue in the workplace? Well it depends!

accommodation, confrontational employee, Disability, disability leave, disability management, employee leave of absence, employment law, hate working, Human Resources, human rights, human rights code, leave of absences, management rights, progressive discipline, termination, workplace behavioral problems, workplace stress

Dealing with a disability leave

May 14, 2010 Christina Catenacci Human Resources, Human Rights

What can an employer do when an employee has been off work for a significant period of time due to a disability (illness or injury)? How long must the employee remain employed with the employer under human rights law? These are questions often asked by employers and human resources professionals.

Absenteeism, accommodating a disability, accommodation, chronic absence, Disability, disability leave, disability management, duty to accommodate, frustration of contract, Honda v. Keays, human rights, point of undue hardship, terminating a disabled employee, termination, undue hardhsip