This posting builds upon an earlier one entitled “#2 Mental health or physical disabilities that deal with the duty to accommodate”. As indicated in that post, the duty to accommodate is always a tricky exercise and one that should be treated with the utmost circumspection. The Accommodation Process The Ontario Human Rights Code lists a
It’s not entirely surprising that the Ontario Human Rights Tribunal (the OHRT) rendered a decision recently, holding that a miscarriage constitutes a “disability” for human rights purposes. What is perhaps less clear is what this will mean for employers. Winnie Mou brought a human rights application against her former employer, MHPM Project Leaders, alleging discrimination
I already discussed the importance of employment contracts/employment agreements (those expressions are used interchangeably) in this series. I would refer you specifically to the posting entitled #1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 2). In that posting, I briefly discussed some of the advantages of
As an occupational health & safety lawyer and a Star Wars fan, a recent news report regarding an incident aboard the legendary Millennium Falcon naturally caught my attention. In that regard, British occupational health & safety authorities announced last month that criminal charges had been issued against Foodles Production (UK) Ltd. (“Foodles”, which is a
Mastering the ins and outs of the duty to accommodate under human rights legislation is hard. In fact, some would go so far as to say impossible. It’s no wonder this topic has floated to the top of the list of challenges faced by HR practitioners. I’ve given this some thought and come up with
Recently, Kim Stacy, owner of the now defunct Emma’s Eatery in Nova Scotia, sparked a social media debate by complaining that a frustrating new generation of employees has helped put her out of business. Ms. Stacy complained that during the nine years her eatery was open, young employees demanded to be paid dearly for working
Third and final installment on this first point. To recap, in Part 1 of this series, we discussed whether an employer has cause to terminate employment without notice. Assuming the employer did not have cause to terminate employment we discussed termination provisions in employment contracts in Part 2 of the series. This third post will
Scientifically known as the patellar reflex, a “knee-jerk reflex” is described by Encyclopaedia Britannica as the “sudden kicking movement of the lower leg in response to a sharp tap on the patellar tendon, which lies just below the kneecap.” In common language, we refer to knee jerk reactions as “reacting quickly and without thought.” I
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