Disability

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.

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Interim remedies at the HRTO revisited following termination

October 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The previous article citing Tomlinson v. Runnymede Healthcare Centre discussed interim orders at the Human Rights Tribunal of Ontario. Of note is the rarity of a decision that institutes compliance on the part of the respondent prior to the conclusion of the matter. In such a request, the burden of proof is placed squarely upon the applicant, as in Codrin v. Commissionaires Great Lakes.

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Lack of evidence works against employer at the HRTO

September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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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

An employer’s duty to inquire into mental illness

September 12, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.

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Medical marijuana: A high cost to employers? #learnthelatest

May 26, 2017 Stringer LLP Conferences, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations

Learn the Latest at the Ontario Employment Law Conference

A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs.

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Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory

May 2, 2017 Employer Advisor, McCarthy Tétrault LLP HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations

The Nova Scotia Human Rights Commission Board found the Trustees’ justifications for denying an employee’s request for coverage to be “wholly inadequate.” The Plan provided coverage for “reasonable and customary charges incurred for medically necessary drugs and medicines” obtained legally by prescription, and did not require a DIN as a condition of coverage.

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New Brunswick’s Human Rights Act: Amendments proposed

April 5, 2017 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

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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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Disability and termination under the Human Rights Code

February 27, 2017 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.

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Three popular articles this week on HRinfodesk

February 23, 2017 Cristina Lavecchia 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, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Employers seeking to change an employee’s terms and conditions of employment; OHRC guidelines on medical information and disability-related accommodation; CRA Income Tax Folio S4-F2-C2, Business Use of Home Expenses.

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Three popular articles this week on HRinfodesk

February 9, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Whether an employee may deduct the cost of a basic cellular service plan; just cause to fire an employee for forging signatures on sick notes; and employer violation of health and safety legislation after failing to take precautions after employee complaint.

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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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Medical documentation request after employee illness

November 23, 2016 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights

Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

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