Tag: Accommodation

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…

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

· 5 min read

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…

Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award

· 4 min read

In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…

Disclosure of Disability Post-Termination Won’t Negate Dismissal for Cause

· 2 min read

Is an employer obligated to set aside the termination of an employee if the employee subsequently discloses a disability? The Ontario Court of Appeal has seemingly answered this question in the case of Bellehumeur v. Windsor Factory Supply Ltd. and provided clarity to employers regarding their ability to discipline inappropriate workplace conduct perpetrated by employees who suffer…

Federal Post – Second Edition

· 19 min read

Dear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…

Is an Employer Required to Accommodate an Employee’s “Personal Choice” to Breastfeed?

· 4 min read

In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…

Reaching Out – Ninth Edition

· 21 min read

Dear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…