HR Professionals Now Publishes an Article by Allison MacIsaac on Accommodating the Use of Medical Marijuana in the Workplace

Hicks Morley’s Allison MacIsaac authored an article in HR Professional Now titled “Accommodating The Use of Medical Marijuana in the Workplace.” The article discusses the more prevalent use of medical marijuana and how employers are being encouraged to ensure they meet their legal obligations towards employees requiring its use. The article also discusses the employer’s obligation to accommodate the use of…

Mariana Kamenetsky

Mariana provides advice to federally and provincially regulated employers on all aspects of workers’ compensation claims and appeals, such as initial entitlement, accommodation and related human rights and arbitration proceedings.

What Nexus is Required to Establish a Tribunal’s Jurisdiction over Discriminatory Conduct Arising at a Workplace?

The Supreme Court of Canada will be delivering a decision likely to provide further clarity on the scope of the jurisdiction of British Columbia Human Rights Tribunal (Tribunal) to hear a complaint alleging discrimination regarding employment involving parties who work for different employers. On October 13, 2016, the Supreme Court of Canada granted leave to…

Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism

In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…

Tribunal Rejects the Johnstone Test for Establishing Family Status Discrimination in New Eldercare Case

In a significant recent decision relating to eldercare accommodation, the Human Rights Tribunal of Ontario (Tribunal) indicated its intention to depart from the test for family status discrimination outlined by the Federal Court of Appeal in Canada (Attorney General) v. Johnstone and Canadian National Railway v. Seeley