Under the Workplace Safety & Insurance Act (WSIA), an employer who employs 20 or more employees generally has a duty to re-employ an injured worker who has at least one year continuous service. And under the Ontario Human Rights Code, an employer has a duty to accommodate an employee with a disability. The duty to re-employ is however different than the duty to accommodate.
There appears to be a growing trend of employee claims against employers arising from their treatment in the workplace. This can take many forms such as an action for constructive dismissal based on a poisoned workplace, or a demand for bad faith damages as a result of the manner of dismissal, or a claim for damages to compensate for the mental distress caused by harassment or bullying.
The three most viewed articles on HRinfodesk this week deal with the drafting of termination clauses to exclude benefits, a collision involving two employees in the employer parking lot entitling them to WSIB benefits and the right of employers to hire employees with certain language skills.
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