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Canadian Human Rights Tribunal

An Employer is not Required to Tolerate Excessive Absences

Jurisdiction: - Canada/Federal
Sector: - Transportation

Published in Lawson Lundell LLP Labour and Employment Newsletter (Winter 2005)

In a recent decision1, the Federal Court of Canada - Trial Division (the "Court") ruled that an employer is not required to accommodate an employee with excessive non-culpable or "innocent" absences by simply tolerating the absences.

The decision involved a review of two Canadian Human Rights Tribunal ("CHRT") decisions that were handed down in early 2003 concerning bus drivers employed by the Ottawa-Carleton Regional Transit Commission ("OC-Transpo").

One employee had been employed by OC-Transpo for nearly nine years. She had two types of diagnosed illness: (1) reoccurring migraine headaches that caused her to miss 57 full days and 11 partial days over the course of her employment; and (2) several transitory illnesses - gallbladder problems, broken ankle, bronchitis, etc. - that caused her to miss an additional 365 full days and 24 partial days over the course of her employment.  read more »

Panel reviewing Canadian Human Rights Act releases report

Jurisdiction: - Canada/Federal

The Report of the Canadian Human Rights Act Review Panel was released in June 2000.

The four-person panel was chaired by Gerard La Forest, who retired from the Supreme Court of Canada in 1997. It  was established in April 1999 by federal Minister of Justice Anne McLellan with a mandate to:  read more »