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"On an Employer's 'Duty to Inquire' Into an Employee's Disability", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)

Review of BC Human Rights Tribunal decision in Mackenzie v Jace Holdings, 2012. Tribunal found that employer failed to fulfill procedural duty to inquire whether accommodation was needed for employee's mental health, thus, discriminating against her. 

"The Gloves Come Off: Sky High Damages in Human Rights Cases" Human Rights Update - Stringer LLP

Article reviews some recent cases were significantly higher awards were granted than typical and much longer periods of backpay, over 10 years’ worth, than would be awarded in courts for similar wrongful termination. In one case the tribunal also ordered reinstatement, equalization of pension and CPP and reimbursement for out of pocket medical expenses. In another case a significant $512,000 in future wages. 

"Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights", Hicks Morley - FTR Now

Elk Valley analysis, prima facie case of descrimination was not made out, in which an employee did not disclose his cocaine use; authors provide a succinct section of 'implications for employers', in which safety, policy, and clarity (in termination letter) is highly valued within employer and employee interactions. 

Supreme Court Rules on Undue Hardship

Summary of the Hydro-Quebéc case. The goal of accommodation is to ensure employee who is capable of working can without undue hardship to the employer. The employer is not obliged to change the conditions of work in a fundamental way. Where the employee has had extensive absenteeism and is unlikely that the employee can not return to work without continued absentee issues constitutes undue hardship. 

"Inaccessible Inclusion: Privacy, Disclosure and Accommodation of Mental Illness in the Workplace", 5:1 Canadian Journal of Human Rights 97, 2016 CanLIIDocs 69

Author describes the reluctance of many employees to disclose thier mental health diagnoses due to workplace stigmatization; examines whether currently prescribed by Canadian law affords proper accommodation to such individuals; outlines the need for a seperation between institutional inclusion and social inclusion within the process. 

"Ontario Court Awards Damages under Human Rights Code" Case in Point - Hicks Morely

Court awarded damages for breach of human rights in addition to damages for failure to provide reasonable notice. Held that the employees injury was at least part of the reason for termination and therefore the employee had been discriminated against  as well the employer was disingenuous at times failing in its duty to act fairly in dismissing an employee.

"The Duty to Accommodate: When is the Point of Undue Hardship Reached?" First Reference Talks

The Board of Inquiry held that on-call weekend and overnight work was a bona fide occupational requirement and undue hardship is met, where the employer has made a good faith effort to accommodate the employee. The employee's proposed accommodation to his work schedule was found to be too great a burden on other teammates and the employers need to manage the workforce. 

"Receipt of LTD Evidence of Frustration; Roshaft v Rona Inc., 2018 ONC 2934" CanLII Connects

The court held the employer could conclude there was no reasonable likelihood of the employee returning to work within a reasonable period of time, based on the extension of Long Term Disability  Benefits. Being on Long Term Disability Benefits does not preclude an employee from being terminated for being absent.

"Studwick v Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520" CanLII Connects

Article briefly describes the facts in a seminal case on harassment and poisoned work environment. Discusses vicarious liability of the company for a manager's harassment of a deaf employee, compounded by the fact that the manager was the guiding mind of the corporation. Article notes that this is the first known civil case to apply Human Rights Code damages in addition to civil damages.

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