Grey: Conference Paper
Contract law principles; frustration when no party to contract is at fault but the terms can no longer be fulfilled; discusses the cases in which an employee is absent and/or cannot work because of disability or illness lasting a long or unknowable amount of time; provides employers and employees with information on what tribunals have said on such matters.
Conference presentation paper as part of the Workplace Rights & Accommodations Forum 2016, discussing the collaborative process involved in the duty to accommodate, with a focus on the required nature and extent of information disclosure.
Provides a concise description of the duty to accommodate, then moves to the common types of medical documentation requested by employers, examples of independent medical examinations; explains the relevant ORHC policies; the impact of privacy legislation and relevant cases.
View of adjudicator's attempt to balance between right to privacy and right to information regarding accommodation needs; discusses cases where employee refuses to provide the necessary documents during the process.
Differentiates 'stress' in a workplace context, outlines accommodations for stress, non-evident disabilities; how do identify stress; employer's perspective and appropriate measures; union involvement; application of 'Holmes-Rahe' Life Stress Inventory.
Seminar paper discussing an employer's role when addressing mental illness and addiction in the workplace; impact of changes to Ontario's Occupational Health and Safety Act; procedural duty, disclosure, accommodation.
Author covers the procedural expectation of employers in the accommodation process and suggests case law examples (such as Lane v ADGA Group Consultants Inc 2008, or Steward v Ontario Government Services 2013) of where the duty to inquire was explored.
A look at Section 13 of the British Columbia Human Rights Code through the Rsh v BC HRTO case, covering the employer's duty to accommodate. Union involvement from the Richmond Firefighters Association represented bagining unit employees in the City of Richmond's Fire Department.
On the balance between right to privacy and sufficient information required for appropriate accommodation; review of recent Canadian case law discussing privacy issues involved in workplace accommodation.