Duty to Accommodate Archives - Rubin Thomlinson

The TTC’s random drug testing program: Four major challenges to consider

December 15, 2016

At a meeting on November 30th, the Toronto Transit Commission (“TTC”) board voted in favour of a plan to push ahead with the implementation of random drug testing – despite the fact that the matter is still being arbitrated. The vote was based on the recommendations of a confidential report tabled for the board’s approval.

Accommodation – You can’t always get what you want

March 11, 2015

A Nova Scotia Human Rights Board of Inquiry recently tackled an accommodation issue in LeFrense v. IBM Canada Ltd., 2015, CanLII 1720 (NS HRC). Board Chair, Walter Thompson Q.C., found that IBM did everything within its power to assist its employee, Mr. LeFrense, in returning to the workplace and accommodating his sleep apnea in accordance

The vaccination debate and the workplace: Implementing mandatory vaccination policies

March 4, 2015

The vaccination debate has been raging over the last few months. Scientists, doctors, parents and even celebrities have shared their pro and anti-vaccination stances. The “anti-vaxx” controversy has revolved mainly around school-age children and their vulnerability to long-dormant diseases, however the controversy is also salient for employers in the broader workplace context. Last week, a

Depression + Dismissal = Damages: Lessons learned the hard way on how to handle mental illness accommodation in the workplace

October 3, 2014

Mental illness can be a taboo subject that employers shy away from discussing. Mental Illness accommodation often makes employers cringe because they either do not recognize a need to accommodate or do not know how to engage in appropriate and necessary accommodation. In the recent Northwest Territories case of Thorson v. The Government of the

Expect the unexpected: Employees (and Rob Ford) on sick leave

September 15, 2014 | By Christine Thomlinson

I spent much of this past weekend poring over the news associated with Rob Ford’s departure from the Toronto mayoral race due to ill health. Despite feeling sympathy for Mr. Ford and wishing him a speedy recovery, there were voters and columnists who spoke of their disappointment at being deprived of the opportunity to cast

TIFF: Life imitating art?

September 10, 2014 | By Christine Thomlinson

I was lucky enough to be invited to attend a TIFF Premiere this past weekend for the film “Welcome to Me”. In case you’re not familiar with the film, it tells the story of a woman, Alice, who suffers from Borderline Personality Disorder and wins $86 million in the lottery. The film focuses on the

I thought training was supposed to fix this

September 5, 2014 | By Cory Boyd

Two years ago, I attended a Compliance and Ethics Academy in Chicago and was certified as a Compliance and Ethics Professional. Since then, I regularly review publications and articles about compliance systems throughout North America and am often struck by the consistent manner in which training requirements and initiatives impact workplaces when they are included

Beware talk of retirement…

January 16, 2014 | By Christine Thomlinson

I was chatting recently with a friend about someone we both know who was forced to find employment at an advanced age because of his financial circumstances. There was no doubt in our minds that our mutual acquaintance would have far preferred to spend the remaining years of his life doing something other than pounding

Serious insight for serious situations.