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duty to accommodate

No obligation to accommodate employee’s “preference” to work closer to home

A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.

 

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Coronavirus and the workplace: what employers can do to prevent an outbreak

The coronavirus has been identified in patients in a growing number of countries, including Canada, the United States, Australia, Germany, France, Japan and China.

 

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When can LTD benefits frustrate an employment contract?

The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.

 

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Normal anxiety or mental illness? A guide for employers

Employers have a duty to accommodate employees suffering from mental illnesses. But distinguishing mental illness from ordinary anxiety is no easy matter.

 

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Flexibility does not create new terms of employment

Earlier this year, the Ontario Divisional Court upheld a decision which confirmed that an employer’s occasional flexibility with regard to an employee’s hours of work did not displace the employer’s right to enforce the agreed upon hours at a later time.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

 

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Can behaviours associated with a sex addiction merit employee dismissal?

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

 

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Objective evidence required when attempting to limit or deny an employee’s accommodation request

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the duty to accommodate family status, rising insured health care and a privacy breach.

 

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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.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with managing disabilities in the workplace, workplace harassment and the decline of quality full-time work in Canada.

 

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Accommodating addictions

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.

 

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Refuse, snooze & lose

For workplaces that operate on shift work, dealing with employee refusals to change shifts (especially to night shift) happens all too often.

 

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Human rights – Your duty as an employer

In 2017, 66% of all human rights claims were employment-related. Employers have the duty to be compliant with the Ontario Human Rights Code.

 

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Arbitrator orders nurse who was caught stealing narcotics to be reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

 

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