For most employers, it is a common practice or policy to require medical documentation when an employee is off from work for an extended period of time due to illness or injury. There is, however, a delicate balance that an employer must strike between obtaining information needed to accommodate the employee’s disability and respecting the … Continue reading What medical information can an employer request?
The Ontario Human Rights Code provides that an employer has a duty to accommodate a disabled employee to the point of undue hardship. An employer's failure to comply with this duty constitutes discrimination on the basis of disability and can trigger a variety of different remedies, including reinstatement of employment. A recent decision of the Court … Continue reading What Does Undue Hardship Mean?
Gahagan v. James Campbell Inc. 2014 HRTO 14 (CanLII) is a decision of the Human Rights Tribunal of Ontario that illustrates the interaction between the employer's inability to accommodate an employee's disability and frustration of the employment agreement. Facts of the Case The applicant, Ms. Gahagan, injured her back in May 2009 while working for … Continue reading Gahagan v. James Campbell Inc.: The Interplay Between Frustration and Accommodation