Mental illness
January 31, 2020 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources,
In cases where an employer suspects that an employee suffers from a mental illness that may be affecting their performance at work, the employer has a duty to inquire.
accommodation policies, discipline, duty to inquire, medical information, Mental illness, mental illness accommodation
January 28, 2020 Occasional Contributors Employee Relations, Health and Safety, Human Resources, Human Rights,
Employers have a duty to accommodate employees suffering from mental illnesses. But distinguishing mental illness from ordinary anxiety is no easy matter.
anxiety, duty to accommodate, employment law, human rights, mental disability, Mental illness, stress
October 10, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Payroll, Wages and Compensation,
The three popular articles this week on HRinfodesk deal with expected salary increases in 2020, worker reluctance to admit mental illness at work and discriminatory hiring practices.
depression, discrimination, discriminatory hiring practices, employment law, hiring practices, injury to dignity, Mental illness, salary increases
August 23, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring
The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.
accommodating mental illness, BC Supreme Court, Bohmer v Burns Lake Native Logging, employment law, inclusive workplace culture, just cause dismissal, mental health in the workplace, Mental illness, occupational health and safety, Ontario Cannabis Store, recreational cannabis, recreational marijuana, termination for cause
February 28, 2018 Matt Lalande, Lalande & Company Lawyers Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation
Generally speaking, claim liability, whether through an employment group policy or an individual policy, mandates that a claimant suffer a total disability. Contrary to what most HR departments often think, total disability in the context of disability insurance does not mean that an employee must be completely helpless and incapable of any activity. Rather, total […]
Chronic mental illness claims, CPP disability benefits, disability insurance, employment group policy, employment law, independent medical evaluation, long-term disability insurance policies, long-term disability plans, Mental illness, psychiatric conditions, Psychiatric or psychotic disorders, total disability
December 22, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Announcements and Administration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management. Apart from the issue of cannabis in the workplace, there seems to be varied topics making it on the list this year. Here’s the full top 10 list of the most-read First Reference Talks blog posts from our regular bloggers for 2017:
bereavement leave, Bill 148, cannabis, employment contract, employment law, health and safety, marijuana in the workplace, Mental illness, parental leave, record of employment, termination
September 12, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights
Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.
coping with stress, Disability, duty to accommodate, duty to accommodate mental health disabilities, employment law, mental health, Mental illness
December 16, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including either its property or people.”
discrimination based on disability, employment agreement, employment law, gate–keeping process, human rights code, Mental illness, terminate employee, toxic employee, toxic employees, toxic worker
November 4, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Analytics, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with the impact of an aging workforce; mood disorders and job performance; and, unauthorized deductions.
age-based discrimination, aging workforce, employment law, HR Law, HRinfodesk, Job performance, mandatory retirement, Mental illness, mood disorders, unauthorized payroll deductions
June 17, 2015 Michele Glassford Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Privacy and Security, Recruiting and Hiring, Standard for Employment, Union Relations
The tragedy of the ill-fated Germanwings flight in March, and speculation about the reasons why the co-pilot may have intentionally crashed the airplane, has raised troubling issues for employers. Amid speculation that the co-pilot may have been depressed and suicidal, and may even have obtained a doctor’s note to not report for work on the fated day, many in the media and around the water cooler have wondered, “How did the employer not know?”
disability in the workplace, disclose a disability, duty to accommodate employees with disabilities, employment law, Human Resources Policy Pro, ill-fated Germanwings flight, Mental illness, work performance, Workplace Accommodation on the Basis of Disability
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.
Accessibility for Ontarians with Disabilities Act, AODA, constructive dismissal, damage award against Walmart, employee’s childcare obligations, employment law, Family Status Accommodation, isability c, mandatory health and safety training, mental disabilities, Mental illness, Multi-Year Accessibility Plan, physical disabilities, Policy on preventing discrimination, sexual harassment, summary judgment, unpaid leaves, Workplace Safety & Insurance Act, Workplace Safety & Insurance Appeals Tribunal, wrongful dismissal
September 26, 2014 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations
Research estimates that almost one in five Canadian adults will experience a mental illness or addiction. In the last version of the Diagnostic and Statistical Manual of Mental Disorders – The Fifth Edition (or DSM-5)the number of recognized mental disabilities increased.
addiction, Diagnostic and Statistical Manual of Mental Disorders – The Fifth Edition, Disability, DSM-5, duty to accommodate mental disabilities, Duty to accommodate mental illness, employee cannot perform the essential job duties, Employers are required to accommodate disabled employees who have mental illnesses, employment law, human rights code, human rights commission, Let’s talk program, mental disabilities, Mental illness, Ontario Human Rights Tribunal, Policy on preventing discrimination based on mental health disabilities and addictions, undue hardship, vacancies in the workplace
March 24, 2014 Marcia Scheffler Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Employment, Training and Development
Is it spring yet? For some people, cold weather and lack of sunshine can trigger a type of depression more serious than winter blahs. Seasonal Affective Disorder (SAD) and other mental illnesses are rarely talked about at work and often carry serious stigma for those impacted.
Absenteeism, addictions, Conference Board of Canada, depression, duty to accommodate, duty to accommodate mental health disabilities, human rights commission, Imagine Canada’s Standards Program, legal obligations for employers, Marcia Scheffler, mental health, mental health disability, mental health issue, mental health issues, Mental Health Week, Mental illness, National Standard of Canada for Psychological Health and Safety in the Workplace, Not Myself Today 2014, Partners for Mental Health, presenteeism, productivity, Seasonal Affective Disorder (SAD), short-or long-term leaves of absences, stigma around mental illnesses, workplace, workplaces
August 21, 2013 Christina Catenacci Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Standard for Employment, Union Relations
The Ontario Superior Court of Justice Divisional Court just quashed the grievance settlement board’s decision that a probationary employee’s termination was arbitrary and discriminatory and granted the application for judicial review. The evidence was clear that the employer’s decision to terminate the probationary employee was neither arbitrary nor discriminatory. In fact, the decision to terminate came after numerous reviews of the employee’s work and conversations about performance concerns.
canadian employment law, concerns about performance, discrimination, discriminatory, documentation, employment law, grievance settlement, HR Law, important to document any performance issues, Job performance, judicial review, Labour Law, Mental illness, performance issues, performance reviews, probabtionary employee, probationary period, reasons for dismissal, standard of review, termination, Termination of a probationary employee, terminations
March 4, 2013 Michele Glassford Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations, Wages and Compensation
On January 16, 2013, the Standards Council of Canada (CSA) published a new national standard dealing with psychological health and safety in the workplace. Although not a mandatory standard at this time, it is foreseeable that legislators, health and safety officers and inspectors, adjudicators and tribunals will be influenced by the standard when dealing with psychological and mental health issues in the workplace. In addition, such standards may be absorbed into the employer’s general duty to protect workers from harm in the workplace, which exists in all jurisdictions in Canada. Employers should also scrutinize their workplace operations, policies, procedures and processes under the auspices of the psychological health and safety system recommended in the standard.
Accessibility for Ontarians with Disabilities Act, Accessibility Standards PolicyPro, AODA, Benefits policies, CAN/CSA-Z1003-13/BNQ 9700-803/2013, CSA, Disability, Employee Relations policies, employer’s general duty to protect workers from harm in the workplace, employment policies, Employment Principles, Health and safety policies, HR practices, Human Resources PolicyPro, Integrated Accessibility Standards Regulation, mental health, Mental illness, national standard, Pay and Performance policies, persons with disabilities, policies, policies and processes, PolilcyPro, prevention, procedures, promotion and resolution, promotion of mental health, psychological health and safety in the workplace, psychological health and safety system, Standards Council of Canada, the following workplace policies may be of particular relevance to the prevention of psychological health and safety issues, The Human Resources Advisor
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