Grey: Blog Post/Commentary

"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.

"The Relationship Between Long-Term Disability Benefits and The Duty to Accommodate: The Plaintiff’s Perspective" BakerLaw

The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith). 

"Accommodating Addictions Disabilities in the Workplace" Case Summary and Analysis

Debriefs a case were the arbitrator found if there is a nexus between the disability (addiction) and the misconduct, the disability is a factor in the termination and the employer has a duty to accommodate the employee. Discusses case where it was held that the employer had a duty to inquire in respect to the employees change in behaviour.