"Getting Frustration of Contract Right - What Happens if a Worker Fails to Provide Medical Documentation to Support Their Ability To Work" Canadian Human Rights Reporter
The employee needs to communicate more than a desire to return to work. The employee must demonstrate ability to return to work to trigger the duty to accommodate. The court found that the employer was correct to treat the relationship as being frustrated, when the employee did not supply twice requested medical information.
"Keep Calm and … Understanding Cannabis: What Employers in the Energy Sector Want to Know About Legalized Cannabis in the Workplace" 56:2 Alberta Law Rev 337
A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship.
"How Far is Too Far? Termination and Accommodation of Disabled Employees" Davis LLP
Frustration of contract, absenteeism, modified duties, bundling work, creating new position.
"Kellogg Brown & Root: Discrimination and pre-employment drug testing", The Court.ca - Human Rights
Commentary on Alberta CA case Kellogg Brown & Root Canada, analysis of post job offer but pre-employment drug testing policy and casual cannabis used for disability; justification of testing for drugs in 'safety sensitive' positions.
"Stewart v Elk Valley Coal Corp, 2017 SCC 30" McGill J of L and Health
Discusses when addiction is not considered prima facia discrimination by the SCC and the descenting opinions. Reviews the SCC decision on when a zero-tolerance policy will be upheld despite the presence of an addiction.
"Accommodation: Employee Duty to Disclose - Review of Cases Shows Principles, Results Not Always Consistent" Canadian Human Rights Reporter
Contrasts two cases of non disclosure until after termination, with different results in respect to whether the employer was required to accommodate the employee. Context is important.
"Medical Documentation and Disability-Related Accommodation Requests" Canadian Human Rights Reporter
Outlines what is required by an employee to disclose as part of the accommodation process, as well as the employer's duty to maintain privacy of medical documents provided.
"Termination of Employment During a Disability Leave: Employer Rights on Frustration of Contract"
Discusses a recent case were the Court held extension of an employee’s long term disability benefits was sufficient for the employer to conclude there was no reasonable likelihood that the employee would return to work in the foreseeable future, thus concluding the contract was frustrated as the employee could no longer perform its employment responsibilities due to the unforeseen situation.
"Ontario Court Suggests a Lower Evidentiary Requirement to Demonstrate Frustration of Employment Contract" Labour & Employment Law Insights - Filion Wakely Thorup Angeletti LLP
Court held that employer only had to show that there is “enough evidence” to conclude there is no reasonable likelihood of the employee returning in a reasonable period, instead of the previous standard required evidence of permanent disability and the employer was not required to make further inquiries but could rely on the documentation it had received to conclude the employment contract was frustrated.
"Disclosure of Disability Post Termination Won't Negate Dismissal for Cause" Hicks Morley
Discusses case of Bellehumeur v Windsor Factory Supply Ltd, ONCA, in which a terminated employee subsequently discloses a disability - decision states that no discrimination had occurred and employer's have a right to take disciplinary action as required.