More changes under AODA Take Effect on January 1, 2016: Is your Organization Compliant Yet?
By January 1, 2016 – about 3 months from now – Ontario employers with 50 or more employees must comply with the Employment Standard Regulation (“The Regulation”) under the Accessibility for Ontarians with Disabilities Act (“AODA”).
The Regulation imposes 11 new obligations on employers.
The MacLeod Law Firm is offering a two-step, fixed fee service to help these organizations comply with the Regulation.
Step 1 is for one of our lawyers to speak to you to ascertain whether or not you have complied with any of these new obligations which are as follows:
- all employers must notify job applicants that, where needed, accommodations for disabilities will be provided, on request
- all employers will notify job applicants who have been invited to participate in a recruitment, assessment or selection process that, where needed, accommodations for disabilities are available, on request
- all employers will notify successful applicants of their policies for accommodating employees with disabilities when offering employment
- all employers will inform new and existing employees of their policies for supporting employees with disabilities
- all employers will consult with their employees who have disabilities in order to provide them with the accessible formats and communications supports they require to do their jobs effectively
- all employers will prepare for the specific needs that employees with disabilities may have in emergency situations
- employers are required to develop individual accommodation plans for employees with disabilities of which they have been made aware
- employers will have in place a documented process for supporting employees who return to work after being away for reasons related to their disabilities
- all employers that use performance management processes will take into account the accessibility needs of employees with disabilities
- employers that provide career development and advancement opportunities will take into account the accessibility needs of their employees who have disabilities
- all employers that use redeployment processes will consider the accessibility needs of employees with disabilities when moving them to other positions
Step 2 is to provide you with a written report. This report tells you what you need to do to comply with these obligations.
If you are interested in finding out more information about our AODA compliance program, please call Katelyn Weller at 647-985-9894 or email her at [email protected]
For over 25 years, Doug MacLeod of the MacLeod Law Firm has been advising employers on Ontario’s employment laws. If you have any questions, you can contact him at 416 317-9894 or at [email protected]
In February 2017, after a 40 day trial, an Ontario trial judge ordered the RCMP to pay Peter Merrifield $100,000 in general damages, $41,000 in special damages, and $825,000 in legal costs. In doing so, the trial judge recognized the tort of harassment. For my blog on...read more
Wrongful Dismissal Update: How to Reduce Termination Pay for Employees Who Earn Variable Compensation
Some employees receive a large percentage of their total compensation in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this...read more
An arbitrator who upholds a grievance can reinstate the employee, or order the employer to pay the employee damages. In a 2018 arbitration case, Arbitrator Surdykowksi decided how to calculate damages for an employee who was not reinstated. Facts Dr. Bernard was a...read more