medical evidence

BC Supreme Court awards aggravated damages in the absence of medical evidence

February 9, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll

The decisions in Ensign and Karmel demonstrate the risk of liability for failing to be honest and forthright in the manner of termination of an employee’s employment. Employers would be well-advised to be conservative in assessing whether they have cause, assessing reasonable notice periods, carrying out the termination and avoiding bad faith and/or misrepresentation.

aggravated damages, Dismissal, employment agreements, employment law, medical evidence, mental health, psychological distress, termination

Bad faith dismissals: is medical evidence required to prove damages?

October 13, 2017 Vey Willetts LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

The question of whether medical evidence is required to prove damages in bad faith dismissals is one that courts across Canada have struggled with for some time. Welcome guidance was provided by the Supreme Court of Canada this past summer.

bad faith dismissals, bad faith termination, employment law, Lau v. Royal Bank of Canada, medical evidence, mental distress, Saadati v. Moorhead, termination

Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam

July 18, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Pensions and Benefits

Back in December 2015, I wrote a blog post on a recent Human Rights Tribunal of Ontario decision in Bottiglia v. Ottawa Catholic School Board. The case concerned the ability of an employer to demand an Independent Medical Exam in circumstances where there was no clear contractual or express statutory authority.

duty to accommodate, employment contract, employment law, hrto, human rights code, Human Rights Tribunal of Ontario, Independent Medical Exam, medical evidence, sick-leave benefits, stress leave

Medical evidence and employee absences

December 13, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work. However, this decision stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.

absent without authorization, attendance issues, doctor's note, employee absences, employee compliance, employment law, medical evidence, medical note, notice period, Sinnathamby v The Chesterfield Shop Limited

Three popular articles this week on HRinfodesk

June 23, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

The three popular articles this week on HRinfodesk deal with: A case that applies a three-part test to determine just cause; a case that provides a reminder that both employers and employees are required to give reasonable notice of termination at the conclusion of an employment relationship; and a case where an employee failed to provide sufficient medical evidence supporting her absences, therefore her termination was deemed justified.

employee absences, employee termination, employment law, employment relationship, employment standards act, just cause, lack of sufficient medical evidence, medical evidence, pay in lieu of notice, reasonable notice, Severance pay, three-part test to determine just cause, two weeks notice

Court finds that employer telling employee to “get out” constitutes dismissal

March 3, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Termination of an employment relationship can come in many forms; some apparent and some not so. In the latter case, it often falls to a court to determine whether an employer’s actions constitute dismissal or constructive dismissal. This was the issue faced by Justice Lack in the recent decision of Sweeting v Mok.

aggravated damages, constructive dismissal, Dismissal, employment law, medical evidence, period of reasonable notice, punitive damages, termination, wrongful dismissal claim

How to have success with WSIB SIEF cost relief

February 25, 2015 Clear Path Employer Services Health and Safety, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

Most employers know that WSIB-related costs can be very expensive. However, not everyone knows about cost relief programs offered by the Board. We asked Anna Aceto-Guerin for some insights into successfully acquiring SIEF cost relief.

accident, employment law, hire workers with previous injuries or disabilities, medical evidence, medical information, NEER savings, Ontario Workplace Safety and Insurance Appeals Tribunal, pre-existing condition, reducing your WSIB costs, right medical records, Secondary Injury Enhancement Fund, severity of accident, SIEF, SIEF cost relief, third party independent medical opinions, work-related disability, workers compensation, wsib, WSIB claims management, WSIB policy

Employer failed in duty to accommodate by not considering employment beyond pre-injury position

April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss