duty to accommodate an employee with a disability

Dealing with employee misconceptions regarding LTD

November 20, 2019 Devan Marr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, 0

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.

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

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

September 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

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

5 questions to consider when exploring the duty to accommodate

August 14, 2019 Occasional Contributors Employee Relations, Human Resources, Human Rights, 0

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.

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

The employee’s responsibility under the “Code”

February 26, 2019 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

Accommodation under the “Code” is a bridge where both parties must meet. What happens if a reasonable effort is not made on the part of the applicant?

disability and sick leave management system, Duty to Accomdate to the point of undue hardship, duty to accommodate an employee with a disability, employment law, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, Kevin Sambrano human rights paralegal, LeBlanc v. Haugen’s BBQ Ltd., prima facie discrimination, respondent

No “give and take” required by employee in accommodation under the Human Rights Code

September 29, 2015 Kevin Sambrano, Sambrano Legal Services Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment, Wages and Compensation

The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1] The respondent alleged that her termination was […]

Disability, discrimination, Dismissal, duty to accommodate, duty to accommodate an employee with a disability, employment law, Failure to accommodate, HR Law, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, Macon v. Strongco, Michele Macan, monetary awards, Ontario Human Rights Tribunal, paralegal, prohibited grounds of discrimination, Sambrano Legal Services, Strongco Limited Partnership, termination, the Code, the Human Rights Code, undue hardship