Family Status Accommodation
December 19, 2017 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights
As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre.
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January 10, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work must be accommodated. The legal landscape has been shifting in this area for a number of years. This blog discusses the applicable legislation and some recent case law.
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November 2, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
For now, it appears the Campbell River decision is sufficient for the Tribunal’s purposes to address complaints of discrimination in family status in British Columbia. However, as we posted previously, employers would be well-advised to consider the Johnstone test when examining employees’ accommodation requests on the basis of family status.
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August 24, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Training and Development, Union Relations
In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers was an essential duty of her position.
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April 20, 2016 Stringer LLP Conferences, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.
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February 4, 2015 Stringer LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
We have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare (the “Johnstone test”). The Ontario Superior Court has released the first reported decision in Ontario to apply the “Johnstone test” in the context of a wrongful dismissal action.
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January 15, 2015 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation
Here is a list of 10 cases that changed the employment law landscape in 2014.
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October 4, 2014 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation
Now that the summer is over and the new school year has arrived, employers may be hearing a little (or a lot) more about employees’ family scheduling problems and requests for accommodation.
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July 10, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a new mental health disabilities policy from the Ontario Human Rights Commissions; the Canadian Human Rights Commission guide on accommodating family status; and employer-subsidized personal training and nutritionist services.
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June 17, 2014 Clear Path Employer Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does not cause the employer undue hardship. This is the first time a ruling seems to clarify what employers’ obligations are when it comes to accommodation based on family status under human rights legislation. But is this too much for employers?
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June 3, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Conferences, Human Resources, Payroll
You’ve probably already heard about the Ontario Employment Law Conference coming up on June 10—that’s next Tuesday!—but have you registered yet?
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May 7, 2014 Stringer LLP Conferences, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation
In most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of “family status.” Until recently, few cases were brought alleging discrimination under this branch. However, recent decisions across several jurisdictions have made it clear that employers must be attentive to this ground of discrimination or risk exposing themselves to significant liability.
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April 21, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Standard for Employment, Union Relations
The 15th Annual Ontario Employment Law Conference, is taking place June 10, 2014, at the Mississauga Convention Centre. This event is hosted by First Reference, with presentations by the lawyers at Stringer LLP experts in the areas of employment and labour law.
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