On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada (Bill), accessibility legislation which will apply to certain federally regulated employers. In its preamble, the Bill states that barriers to accessibility can prevent full and equal participation in society by Canadians with disabilities. If passed and among other things,…
Tag: Disability
AdvantAge Ontario Human Resources Law: The Year in Review
Overview Join this popular annual webinar to hear about important developments in human resources law over the past year, and the key trends to think about for 2018. Topics will include an update on bargaining trends in the LTC sector, key changes under the WSIB regime, labour and employment update with a focus on Bill…
Benefits Canada Publishes an Article by Jordan Fremont on Disability
Does disability interfere with an organization’s right to terminate employment and employer-provided benefits? This is a question that commonly arises when it comes to employees who have been away from work and in receipt of long-term disability benefits for extended periods of time…
Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In
In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…
Leaves of Absence, Procedural Matters and More
In this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Addiction Defence to Theft of Hospital Opioids Not a “Get Out of Jail Free Card”
Theft of opioids by an employee who subsequently asserts a substance abuse problem can be a particularly challenging workplace issue for healthcare sector organizations. But in this most recent case, the arbitrator upheld a just cause discharge as an appropriate disciplinary response…
Arbitrator Orders New Sick Leave Provisions for ETFO Teachers
In an important interest arbitration award, Arbitrator William Kaplan accepted the proposal of the Ontario Public School Boards Association (OPSBA) and the Crown to add two specific sick leave provisions to the central terms of the Elementary Teachers Federation of Ontario (ETFO) teachers’ collective agreements…
Ontario Human Rights Commission Releases New Policies on Drug and Alcohol Testing and Ableism and Discrimination Based on Disability
The Ontario Human Rights Commission has published updated guidelines on these critical issues – and what it thinks your organization should be doing…
Long-Term Care Training Workshop: Disability Accommodation
This is a hands-on intensive workshop designed to provide frontline HR Professionals in the long-term care sector with the tools needed to address and manage accommodation issues…
Human Rights Tribunal Rules that Miscarriage is a Disability
In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…