When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.
In Perron v Revera Long Term Care Inc., the Human Rights Tribunal held that an employer’s duty to accommodate does not include a duty to create a new position, fundamentally change working conditions, assign the essential duties of an employee with a disability to other employees or to hire another employee to perform them in the employee’s place.
This month media campaigns are encouraging people to talk about mental illness. This raises the question about whether employees should talk to their employer about mental illness or remain silent for fear of losing their jobs.