We have heard it repeatedly from the media and our political leaders. These are unprecedented times. Since the goverment-ordered shutdown of all businesses and services that were deemed to be non-essential, the financial well-being of millions of Canadian employees - as well as the companies they work for - have been severely impacted. In … Continue reading COVID-19: Legislative Changes for Employees and Employers
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?
Recently, I was told that my blog posts, although informative, were really written for the benefit of other lawyers. The comment, which I appreciated, was that my breakdown of the legal reasoning in the cases that I wrote about was not as beneficial to employers and employees, as it was to other employment lawyers. In … Continue reading Did You Know Reinstatement Is Possible Without A Union?