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Disability

The Top 10 Human Rights Cases in Canada

Lancaster House is continuing its "Top 10" theme for audioconferences. This time its an audioconference on March 3, 2011 addressing The Top 10 Human Rights Cases. The cases and the issues they address (quoted from Lancaster) are:  read more »

Employer not required to hold corporate reorganization in abeyance pending resolution of employee's disability

Jurisdiction: - Canada/Federal

Tutty v. Canada (Attorney General), 2011 FC 57

Postscript: Jennifer M. Shepherd and Gulu Punia at the Fasken Martineau office in Calgary have prepared the following summary of this decision:  "Accommodation Does Not Prevent Corporate Reorganization" (February 1, 2011).

Appeal Court: Syncrude not "employer" under human rights legislation of contractor who failed drug test

Jurisdiction: - Alberta
Sector: - Oil & Gas

In Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3, the Alberta Court of Appeal ruled that Syncrude was not the "employer", within the meaning of the Alberta Human Rights, Citizenship and Multiculturalism Act, of a contractor who failed a drug test.

The contractor was employed by another company, Lockerbie & Hole Industrial, that was providing services to Syncrude.

Notably, the Alberta Court of Appeal set out the following tests for determining this issue:

In summary, a contextual approach is required to decide whether a particular relationship qualifies as "employment" under the Act. A number of factors must be taken into consideration including:  read more »

Employer engaged in discriminatory action under Workers Comp Act by placing employee on STIIP, reducing income

Jurisdiction: - British Columbia
Sector: - Health Care

In Emergency and Health Services Commission v. Wheatley, 2010 BCSC 1769, the BC Supreme Court denied the employer's request to quash a decision of the BC Workers' Compensation Appeal Tribunal ("WCAT").

In the decision (WCAT-2008-03840), which was delivered on December 19, 2008,  WCAT found that the Emergency and Health Services Commission (the "Employer") had engaged in discriminatory action under s. 151 of the BC Workers Compensation Act, against one of its employees, Michael Wheatley.

As set out in the court's decision:  read more »

"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code"

Jurisdiction: - British Columbia
Sector: - Unions

"Trade Union Responsibility Under S.13 & 14 of the Human Rights Code" is the title of a paper written by Shanti P. Reda and Stephanie T. Mayor, lawyers at Black Gropper in Vancouver.

The authors presented the paper at the 2010 CLEBC Human Rights Conference in Vancouver on November 4, 2010.

"Employee Benefit Reference Guide for Canadian Employers"

Maclagan Inc. has published an, "Employee Benefit Reference Guide for Canadian Employers".

Maclagan, which is based in Markham, Ontario, provides employee benefits consulting and insurance brokerage services.

The guide is intended to assist Canadian employers in the review of existing employee benefit programs or the design of new programs. It is a very useful resource in that it reviews, in layman's language, the various components of a typical health and welfare benefits plan.

"Accommodation of Mental Disabilities in B.C."

Jurisdiction: - British Columbia

"Accommodation of Mental Disabilities in B.C." (June 2010) is the title of a paper written by Taryn Mackie. Ms. Mackie is a lawyer at Bull Housser Tupper in Vancouver, BC.

The Table of Contents set out the following topics:

  1. What Constitutes a Mental Disability under the Human Rights Code
  2. Properly Assessing the Disability
  3. The Employer's Duty to Make Inquiries
  4. Determining the Nature and Extent of the Accommodation
  5. The Employee's Obligations with respect to Accommodation 
  6. Case Example: ADGA Group Consultants Inc. v. Lane
  7. Terminating Employment When Accommodation is Not Possible or is Unsuccessful