Before the duty to accommodate, the duty to inquire
If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate.
De Bousquet PC Barristers and Solicitors
10 minutes read
December 11, 2017 
Workplace organizational behaviour part II: Perception
Behaviour in the workplace is based on people’s perception of it. In this post, let’s examine how one’s perception influences productivity, absenteeism, turnover and job satisfaction.
Christina Catenacci, BA, LLB, LLM, PhD
Ten things Canadian employers need to know about statutory holidays
Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…
Ted Kenney
Reinstatement of employment at the Human Rights Tribunal
Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.
De Bousquet PC Barristers and Solicitors
When can an employer ask for an independent medical examination?
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.
Rudner Law, Employment / HR Law & Mediation
The curious incident of the sick dog and paid leave in the work day
Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.
Michele Glassford
What happens if an employer fails to provide a timely Record of Employment (“ROE”) for departing employees?
Employers must issue the ROE within five days after the employee’s last day of work, regardless of the reason why the employee left (i.e. termination, resignation, etc.).
Jeff Dutton, Dutton Employment Law
Six principles for effective risk management
In World-Class Risk Management, I review the eleven principles in the ISO 31000:2009 global risk management standard and condense them to just six.
Norman D. Marks, CPA, CRMA
An employer’s duty to inquire into mental illness
Accommodating a mental illness does not only benefit the employee, but it also makes good business sense. Enabling employees with mental illness to access support can increase their productivity in the workplace.
Doug MacLeod, MacLeod Law Firm
