mental disability

The duty to accommodate mental disability: 5 practical tips to help employers mentally prepare

June 11, 2018 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

Employers aren’t expected to be experts in mental health or mental disability. Mental illness and the mental disability it can cause are complex medical issues, and there may be times when the employer needs to seek expert medical advice or guidance.

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BCHRT considers the duty to inquire as to the presence of a mental disability

March 12, 2018 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights

Is it the employer’s duty to inquire whether an employee has a mental disability? The BCHRT recently considered a case that addresses this. Generally, before an employer can be required to accommodate an employee’s mental disability, the employer must know, or ought reasonably to know, that the employee has such a disability in the first […]

duty to inquire, employment law, mental disability

Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory

May 2, 2017 Employer Advisor, McCarthy Tétrault LLP HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations

The Nova Scotia Human Rights Commission Board found the Trustees’ justifications for denying an employee’s request for coverage to be “wholly inadequate.” The Plan provided coverage for “reasonable and customary charges incurred for medically necessary drugs and medicines” obtained legally by prescription, and did not require a DIN as a condition of coverage.

benefit plan, Canadian Elevator Industry Welfare Trust Plan, Disability, employment law, medical marijuana, mental disability, Physical disability, Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund

New Brunswick’s Human Rights Act: Amendments proposed

April 5, 2017 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

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Three popular articles this week on HRinfodesk

May 19, 2016 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Training and Development

The three popular articles this week on HRinfodesk deal with: Implementation of the Ontario Retirement Pension Plan; a human rights matter that addresses accommodation and mental disability; and a workplace safety and insurance matter that addresses modified work and entitlement to loss of earnings benefits.

accommodation, employment law, Human Rights Tribunal of Ontario, mental disability, modified work, Ontario Retirement Pension Plan, ORPP, Pensions and Benefits, Workplace Safety and Insurance Appeals Tribunal, Workplace Safety and Insurance Board, wsib

Employers can’t ignore employee signs of disability

October 21, 2014 Adam Gorley Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Privacy and Security, Standard for Employment, Union Relations

When an employer has evidence that an employee has or may have a disability, the law requires the employer to investigate and determine whether the employee needs or wants accommodation.

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What’s reasonable when assessing an employee’s fitness to return to work?

March 6, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Privacy and Security, Union Relations

When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required…

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AODA: Inappropriate words can bite – the customer service standard

May 25, 2011 Suzanne Cohen Share Accessibility Standards, Standard for Customer Service

The Accessibility Standard for Customer Service Regulation obligates Ontario businesses and their employees to communicate with persons with disabilities in a manner that takes into account the person’s disability. Employers must train employees to interact and communicate with people that have various types of disabilities…

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An interesting story of how the employer did the right thing

November 19, 2010 Christina Catenacci Human Resources, Human Rights

I recently read a case coming out of the Yukon where an employee accused his employer of discriminating against him based on the ground of mental disability, which was contrary to the Yukon Human Rights Act.

accommodation, bipolar disorder, Disability, discipline, discrimination, duty to accommodate, employment law, flexible work arrangements, human rights act, Human Rights Board of Adjudication, inappropriate conduct, medical assessment, mental disability, paid sick leave, Yukon