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.
Tag: Accommodation
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,” Natasha Monkman discusses 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…
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.
Accommodating Medical Marijuana
Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.
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. “The grounds for accommodation have been in the Human Rights Code for some time, but they are certainly in the news more. They are increasingly at the forefront of discussions we’re having […] and employers are going to be…
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.
Medical Marijuana in Your Workplace: Employer FAQs
Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…
Supreme Court of Canada Finds Employers Have Duty to Accommodate Under Workers’ Compensation Legislation
The Supreme Court of Canada recently considered an employer’s duty to accommodate under Québec’s workers’ compensation legislation, the Act Respecting Industrial Accidents and Occupational Diseases (Act). In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, the Commission de la santé et de la sécurité du travail…