Grey: Submission/Report

"Addiction in the Workplace - the Nature and Extent of the Duty to Accommodate" prepared for the May 2019 Ontario Bar Association Annual Update on Human Rights, on behalf of Hicks Morley

A look at addiction and substance abuse in the workplace, with focus areas on the recent legalization of marijuana, and the duty to accommodate principles. 

"The Duty to Accommodate: Does the Origin of the Disability Matter?" Ontario Bar Association - Sections - Constitutional, Civil Liberties and Human Rights Law

SCC held the Quebec's rehabilitation act was subject to the Quebec Charter and therefore reasonable accommodation beyond that set out in the Rehabilitation Act is required by employers for persons with disabilities. 

"Mental Health and the Workplace: Important Issues for HR Professionals to Consider" Norton Rose LLP for the Canadian Industrial Relations Association (CIRA)

Canvesses the law on medical information disclosure requirements. Discusses how adjudicators seek to balance the employee’s right to privacy with the employer’s right to manage the workplace, maintain safety, and expect a certain level of performance. The article reviews the employee’s obligation to disclose medical information for the employer to assess the employees fitness to work or to assess reasonable accommodations or as necessary for hearing and what type of information may be requested. Discusses the employees right to refuse disclosure and the consequences.

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.