disabled employee

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?

accessibility, Accessibility for Ontarians with Disabilities Act, accommodation, AODA, disabled employee, employment contract, employment law, employment standards act, human rights code, undue hardship, wrongful dismissal

Illness or disability during the notice period

December 5, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Interestingly, the events following termination of employment do not affect an employee’s entitlement to notice. This includes the situation where an employee is terminated and shortly thereafter becomes ill or disabled. Our courts have dealt with this situation by suggesting a longer notice period may be warranted because the employee may find it more difficult to find alternate employment.

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Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?

June 7, 2016 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Penalties and Fines, Standard for Employment, Wages and Compensation

I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.

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Disabled employee earning $22,000 per year awarded $110,000 damages

April 12, 2016 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Standard for Employment, Wages and Compensation

Many employees now claim more than one type of legal damages in a wrongful dismissal case. This is particularly the case when the employee is disabled. The following case is a good example.

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Most-viewed articles this week on HRinfodesk

August 1, 2013 Yosie Saint-Cyr, LL.B. Managing Editor 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

The three most viewed articles on HRinfodesk this week deal with the accommodation of Muslim employees during Ramadan and the terminations of a disable employee and an employee who was a “simmering ball of negativity.”

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