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Disability

Failure to disclose mental disorder upon hiring not grounds for dismissal; termination was discriminatory

Jurisdiction: - Ontario

In ADGA Group Consultants Inc. v. Lane [2008] O.J. No. 3076 (Div. Ct.), the court upheld a decision of the Human Rights Tribunal of Ontario (2007 HRTO 34) that the employee's failure to disclose his mental disorder upon hiring was not grounds for dismissal, and that his termination 8 days after he started employment was discriminatory.

“How Far is Too Far?” Termination and Accommodation of Disabled Employees"

Jurisdiction: - Alberta

Alberta lawyers Donald J. Wilson, Jonathan Cummings and Wendy-Anne Berkenbosch, of Davis LLP prepared/presented a paper on “How Far is Too Far?” Termination and Accommodation of Disabled Employees" for the CBA Pensions and Labour Joint Subsection Meeting on October 27, 2008.

The paper addresses the following topics:  read more »

Canadian Human Rights Commission releases "Policy and Procedures on the Accommodation of Mental Illness"

Jurisdiction: - Canada/Federal

The Canadian Human Rights Commission recently created an internal policy and procedural guideline on the Accommodation of Mental Illness, which they have decided to share with others.

According to the Commission, "The policy...outlines the accommodation process and
provides guidance to help managers and supervisors take the initiative to ensure employees with a mental illness are offered appropriate accommodation when necessary."

The document will be of significant value to any organziation looking to create its own written policy setting out how it will satisfy its legal duty to accommodate employees with mental illnesses. You can view the policy here.

Supreme Court of Canada modifies law on Wallace Damages

On June 27, 2008, the Supreme Court of Canada issued its much anticipated decision in Honda Canada Inc. v. Keays 2008 SCC 39.

In the decision, which some view as a victory for employers, the court modified the manner in which Wallace damages are calculated and provided further clarification on when they, along punitive damages, should be awarded in the employment context.

As part of its analysis on Wallace damages, the SCC also provided some guidance to employers on the extent of their right to medical information in accommodation cases.

Background

Mr. Keays had been employed by Honda for 14 years when his employment was terminated in March 2000. At the time, he was in a data entry position.  read more »

"Drug Testing Policies – Developments from the Oil Patch"

Jurisdiction: - Alberta - Quebec
Sector: - Oil & Gas

The labour and employment lawyers at Bull Housser & Tupper in Vancouver have written a newsletter article on "Drug Testing Policies – Developments from the Oil Patch" (February 2008). The article reviews recent decisions of the Alberta Court of Appeal and the Quebec Court of Appeal.

"Ten Key Differences Between Canadian and U.S. Employment Laws"

Christina Medland and Joe Vicinanza have written an article on "Ten Key Differences Between Canadian and U.S. Employment Laws" (December 11, 2007).

The authors are lawyers at Torys. The article was published in the firm's Pension and Employment Bulletin.

"Advice to Unions and Employers Regarding the Accommodation of 'Invisible' Disabilities"

Four lawyers at Black, Gropper & Company (S. Michelle Blendell, Jessica L. Burke, Pamela Costanzo and Allan E. Black, Q.C.) and two lawyers at Roper Greyell (Kim G. Thorne and Michael Kilgallan) have written a very comprehensive paper entitled,  "Advice to Unions and Employers Regarding the Accommodation of 'Invisible' Disabilities" (November 2007).

"Attendance Management Guide"

Law firm Hicks Morley has published a comprehensive "Attendance Management Guide" that addresses the range of legal issues an employer must consider/address when managing attendance problems.