Available on Hicks Morley Website
"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.
"The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?", Hicks Morley - Insights - Case In Point
Discussion of Pourasadi v Bentley Leathers decision of the HRTO, in which employer's duty to accommodate did not extend to permanently altering the essential duties of the position, or to assigning the essential duties to other employees; physical restrictions in the workplace.
"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.
"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.