The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Tag: Accommodation
Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs
In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…
HRTO Finds Availability of Different Remedies under a Different Proceeding not Determinative of Whether Substance of HRTO Application had been Appropriately Dealt With
In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…
Reaching Out – Fifteenth Edition
Dear Friends, We are back with another edition of Reaching Out. With 2020 behind us and some light at the end of the COVID-19 pandemic tunnel, we thought it appropriate to reconnect with our Social Services clients with a Spring edition of Reaching Out. We chose not to publish Reaching Out last year as we…
Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence
In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…
Arbitrator Renders Helpful Decision for Multi-Site Employers Dealing with Commute to Work Accommodation Requests
In Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance # 13-50 (Accommodation), Arbitrator Nyman held that the refusal of the Toronto District School Board (TDSB) to transfer the grievor, a secondary school teacher who suffered from chronic pain and fatigue, to a school located within 15 kilometers of her home to ease…
OMHRA Winter 2020 ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers
The Winter 2020 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “The Human Rights Tribunal of Ontario Highlights the Requirement for Co-operation in the Accommodation Process,” Amanda Cohen and Jessica Toldo discuss a recent decision of the Ontario Human Rights Tribunal that provides support for the proposition that there may be recourse to termination where an employee refuses to co-operate in providing medical documentation…
OMHRA Fall 2019 ECHO Newsletter Features Articles Authored by Amanda Cohen and Jessica Toldo
The Fall 2019 issue of OMHRA’s ECHO newsletter features two articles authored by Amanda Cohen and Jessica Toldo. In the article “Divisional Court Reaffirms the Orillia Hospital Test for Accommodation,” the authors discuss a recent decision by the Ontario Divisional Court which quashed the decisions of the Arbitrator in a workplace accommodation related case.
Hicks Morley Lawyers Featured in the Canadian Employment Law Today on Pregnancy Accommodation for Firefighter
Hicks Morley’s Mark Mason, Jessica Toldo and Amanda Cohen authored an article in the Canadian Employment Law Today titled “Pregnant Firefighters Can Be Accommodated Outside of 24-hour Shifts: Arbitrator.” The article discusses a recent Ontario arbitral that provided clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts. The arbitrator dismissed the Association’s…
Arbitrator Determines That Pregnant Firefighters Can Be Accommodated Outside of 24 Hour Shifts
A recent arbitral decision from Arbitrator Jasbir Parmar has provided some much needed clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts.