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disability leave

By Simon Heath, BA, MIR, LLB, Heath Law | 3 Minutes Read December 18, 2015

To IME or not to IME, this is the question

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.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Accessibility Standards, Employee Relations, Human Rights, Payroll, Union Relations / 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

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read November 6, 2015

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

disabilityleavetermination15Sometimes, 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 on disability, that individual is not entitled to greater protection than his or her colleagues.

Although it is accepted that an individual can be dismissed while they are on disability leave, some practical issues arise. First, does the period of notice commence while the individual is disabled and unable to work, or does it only start running once their leave ends? Furthermore, how is pay in lieu of notice to be calculated if the individual is unable to work? Do they get their full salary, or the value of disability benefits?

With respect to the … Continue reading “Commencement of notice period when employee is dismissed while on disability leave”

Article by Rudner Law, Employment / HR Law & Mediation / Accessibility Standards, Employee Relations, Employment Standards, Payroll / 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

By McCarthy Tétrault LLP | 3 Minutes Read November 4, 2014

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

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.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Human Rights, Payroll, Union Relations / 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

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