workplace accommodation
June 1, 2018 Rudner Law, Employment / HR Law & Mediation Health and Safety, HR Policies and Procedures, Human Resources, Human Rights
The right to accommodation, and the widespread acceptance of medical marijuana, does not mean that employees have a right to use marijuana at work. Safety considerations will be taken into account and although zero tolerance policies will not be automatically enforced, they will be enforced when appropriate.
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June 15, 2017 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.
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August 31, 2016 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Standard for Employment
We need to take a step back and reassess our assumptions that preclude those who are marginalized. We need to get a sense of how we can think inclusively while building roads to view human diversity as more than a product of a singular association or identity. The concepts of accommodation, accessibility and inclusion that an organization uses have to be robust enough to pay respect to the fact that people are a system of identities that continuously flow and change.
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August 29, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
The British Columbia Human Rights Tribunal recently denied an employee’s complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.
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August 25, 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, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations
The three popular articles this week on HRinfodesk deal with: an employee who described their workplace as a “sh*t hole” on Facebook was found to be justly terminated; how to prepare for marijuana legalization in Canada; and a pension and benefit plan provider who breached privacy law, causing an employee to lose life insurance coverage.
drug and alcohol policy, employee conduct on social media, employee personal use of social media, employment contract, employment law, facebook, marijuana legalization, negative comment on Facebook about employer, negative Facebook comments about workplace, Pensions and Benefits, Personal Information Protection and Electronic Documents Act, PIPEDA, PIPEDA principles, policies and procedures in the workplace, privacy law, termination, workplace accommodation
August 19, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly. A prime example of employer misconduct for failing to accommodate and providing reasonable notice is the case of Strudwick v Applied Consumer & Clinical Evaluations Inc. This case highlights a number of important lessons for employers.
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July 29, 2016 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Training and Development
When creating policies that make statements about accessibility, attempts should be made to view disability as a social system instead of a schedule of impairments in order to align an organization’s forward movement with principles of Human Rights. Also, the time is long past due for an evaluation of how intersecting identities can create unique accessibility and accommodation needs.
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November 24, 2015 Marcia Scheffler Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits
Your company can ensure that it prepared to deal with requests for workplace accommodation on any of the prohibited human rights grounds and that it can provide compliance to WSIB Return to Work requirements by having a solid foundation of flexible work policies.
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November 20, 2015 Beyond Rewards Inc Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights
Over the years, workplaces all over Canada have seen many different issues, in particular regarding smoking and narcotic prescription drugs. The most recent issue workplaces are struggling with is medicinal marihuana. There is a lot of stigma around using marihuana for medicinal purposes, so you can only imagine how people would feel about using it in the workplace. Marihuana is scarcely viewed as a medicine, which is the biggest issue. Marihuana is viewed as an illegal drug, so who would think its ok to do drugs at work?
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July 6, 2015 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Statistics show that the duty to accommodate employees on the basis of family status is an issue which will become a critical one over the coming years for almost all employees and employers.
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July 24, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.
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February 6, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Privacy and Security, Wages and Compensation
Three of the most popular articles this week on HRinfodesk deal with an employer who accessed an employee’s email without consent; an employee who was constructively dismissed after required to perform several extra functions in addition to his job; and how workplace accommodation is only triggered upon full disclosure of disability.
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November 20, 2013 Simon Heath, BA, MIR, LLB, Heath Law HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by awarding more than $100,000 in damages for breach of the Ontario Human Rights Code and the applicable collective agreement for discrimination, harassment and poisoned work environment.
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October 18, 2013 Occasional Contributors Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Standard for Employment
Cancer is the leading cause of premature death in Canada and is one of the leading causes of death in the country, responsible for approximately 30 percent of deaths each year. Forty percent of Canadians will develop some form of cancer in their lifetime. As a result, employers must deal with both the risk and effects of both occupational and non-occupational cancers in their workplace.
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August 13, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
In a recent decision, General Motors of Canada Limited v. Johnson, the Ontario Court of Appeal provided clarity on an employee’s burden of proof when alleging constructive dismissal based on a poisoned work environment.
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Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
Three popular articles this week on HRinfodesk
August 25, 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, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations
The three popular articles this week on HRinfodesk deal with: an employee who described their workplace as a “sh*t hole” on Facebook was found to be justly terminated; how to prepare for marijuana legalization in Canada; and a pension and benefit plan provider who breached privacy law, causing an employee to lose life insurance coverage.
drug and alcohol policy, employee conduct on social media, employee personal use of social media, employment contract, employment law, facebook, marijuana legalization, negative comment on Facebook about employer, negative Facebook comments about workplace, Pensions and Benefits, Personal Information Protection and Electronic Documents Act, PIPEDA, PIPEDA principles, policies and procedures in the workplace, privacy law, termination, workplace accommodation