"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.
"Open Court and Confidentiality: Can There Be a Balance in Light of our New Media Age?" Ontario Bar Association (OBA) - Human Rights Annual Update
Discusses the test for anonymity of decisions and the implications for disability.
"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.
"Managing Disability and Absenteeism in the Workplace" Mathews, Dinsdale & Clark LLP
Article discusses distinctions between innocent and culpable absenteeism and when employees can be terminated for chronic absenteeism, requirements of an employer attendance management plan and distinguishes counselling from progressive discipline.
"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.
"An Overview of the Duty to Accommodate and Undue Hardship in Human Rights" Council of Canadians with Disabilities
Duties and Responsibilities in the Accommodation Process. Reviews the parties duties in the accommodation process.
"An Overview of Human Rights Jurisprudence Underpinning the Test for Prima Facie Discrimination" Council of Canadians with Disabilities
A review of the various tests of prima facia discrimination.
"Invisible Barriers: Accommodating Mental Illness in the Workplace", Industrial Relations Centre (Queen's University)
An overview of mental illness and episodic disabilities in the workplace; review of employer responsibility to accommodate, privacy issues and medical disclosure; interesting case-law principles summarized.
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.
"Accommodation in the 21st Century" for the Canadian Human Rights Commission
Assesses the potential for Meorin and Grismer decisions to change the face of what accommodation of disability means in the modern workplace. Explores whether the jurisprudence in current courts and tribunals are following through with humanitarian promises.