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duty to accommodate an employee with a disability

By Devan Marr | 3 Minutes Read November 20, 2019

Dealing with employee misconceptions regarding LTD

Long-term disability (“LTD”) coverage is often a key benefit employees derive from their employment. LTD benefits can provide significant security to employees in the form of income continuation when they are disabled due to an illness or injury. Today we deal with some common misconceptions that employers may face when attempting to manage an employee's absence due to disability.

Article by Devan Marr / Employee Relations, Employment Standards, Payroll / absence due to disability, claim for frustration or abandonment, duty to accommodate an employee with a disability, employment law, entitlement to benefits, Injured employee, Long-term disability, LTD benefits, pay in lieu of notice, termination of employment

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read September 6, 2019

“Desire to Work” is not enough: Appellate court upholds dismissal for frustration of contract

The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate will only be triggered when the employee provides the employer with evidence of his or her ability to return to work, including any disability-related needs or restrictions.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Health and Safety, Payroll / disability accommodation, duty to accommodate an employee with a disability, employment law, frustration of contract, intention to return to work, Katz et al v Clarke

By Occasional Contributors | 4 Minutes Read August 14, 2019

5 questions to consider when exploring the duty to accommodate

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

Article by Occasional Contributors / Employee Relations, Human Rights / bona fide occupational requirement, disability–based discrimination, discrimination in employment, duty to accommodate, duty to accommodate an employee with a disability, employment law, flexibility, physical or mental disabilities, prohibited grounds of discrimination, protected grounds of discrimination

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