OMHRA Summer 2019 ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers

The Summer 2019 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “Advanced Planning Required by Municipalities to Respond to New Changes to OMERS,” Jordan Fremont, Natasha Monkman and Sukhvinder Dulay discuss how Ontario Municipal Employees’ Retirement System participating employers will need to plan in advance to respond to the changes that will be made effective on January 1, 2021…

Accommodation Training Workshop

There’s no such thing as “textbook” accommodation. Whether your employee has a challenging physical or mental disability that impacts their ability to do the job, childcare problems that interfere with their performance, faith-related obligations or is in the process of transitioning, how you respond to that individual’s request – or don’t – can mean significant liability for your organization. Are you prepared?

Accommodation Training Workshop

There’s no such thing as “textbook” accommodation. Whether your employee has a challenging physical or mental disability that impacts their ability to do the job, childcare problems that interfere with their performance, faith-related obligations or is in the process of transitioning, how you respond to that individual’s request – or don’t – can mean significant liability for your organization. Are you prepared?

Employment and Labour Law Reporter Publishes an Article by Edward O’Dwyer on Contract of Employment Frustration and the Duty to Accommodate

Hicks Morley’s Edward O’Dwyer authored an article in the Employment and Labour Law Reporter titled “Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered.” This article discusses the recent decision of the on Katz et al. v. Clarke, 2019 ONSC 2188, by the Ontario Divisional Court, where the Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action.

Arbitrator Orders Production of Sensitive Medical Documentation Further to Accommodation Request

In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…

Appellate Court Considers Cannabis Impairment and Accommodation Issues

In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…

Hicks Morley’s Accommodation Training Workshop Featured in The Lawyer’s Daily

The Lawyer’s Daily has featured Hicks Morley’s Accommodation Training Workshop program in an article published on February 13, 2019. Stephanie Ramsay, a lawyer and co-presenter for the Accommodation Training Workshop stated, “One of the top items on the agenda [of our training session] will be gender identity — an area of uncharted waters for some employers […] Certainly,…

An Update on the Status of Family Status – Just in Time for Family Day

In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against the Applicant, a personal support worker, by failing to accommodate her special childcare needs. The Tribunal found that the Applicant’s employment was terminated at least in part because she was unable to offer more flexible hours due to her childcare obligations. The Tribunal awarded a remedy of $30,000 in compensation for injury to the Applicant’s dignity, feelings and self-respect.