Accommodation | MacLeod Law Firm

Non-Compliance with Mandatory COVID Vaccine Policies

Doug MacLeod — Tue, 19 Oct 2021 14:07:52 +0000

In the last month or two many (if not most) organizations have introduced a mandatory COVID vaccination or/or a COVID negative policy. A mandatory vaccination policy requires an employee to get double vaccinated, whereas a COVID negative policy requires an employee to regularly test negative for COVID. A mandatory COVID vaccine policy must exempt those who qualify for an exemption for medical…

Source

Return to Work After COVID-19: When babies still need tending and parents are mending

Doug MacLeod — Fri, 15 May 2020 13:42:20 +0000

Yesterday, Premier Ford announced Stage 1 of the reopening of Ontario and identified some businesses that are permitted to reopen on Tuesday after the long weekend. To view the health and safety guidelines for reopening, click here. These employers will, therefore, want employees to return to work. I expect that some employees with school-age children or dependent parents will resist.

Source

What’s New at the MacLeod Law Firm

Doug MacLeod — Tue, 05 Mar 2019 16:09:17 +0000

New Website I am pleased to inform you that we have updated our website. You can check it out by clicking here. Nominated as Top Labour & Employment Law Firm For the second year in a row, the MacLeod Law Firm has been nominated as top Canadian labour and employment law boutique in the Canadian HR Reporter Readers’ Choice Awards. If you wish, you can vote for us at question 27 of the…

Source

Arbitrator Finds Undue Hardship for Employer to Hire an Employee with a Medical Cannabis Prescription in a Safety-Sensitive Workplace

MacLeod Law Firm — Tue, 04 Dec 2018 14:43:40 +0000

With the recent legalization of recreational cannabis across Canada, employers are increasingly worried about its impact on safety-sensitive workplaces. Even though medical cannabis has been legal in Canada since 2001, similar concerns continue to exist about how to accommodate an employee where they hold a safety-sensitive position. In a 2018 arbitration decision, Arbitrator Roil dealt with this…

Source

Cannabis Legalization: Behind the Smoke and Mirrors

Doug MacLeod — Wed, 17 Oct 2018 13:44:03 +0000

Whether you’ve been looking forward to this day – October 17, 2018 – or whether you’ve been dreading it, the legalization of recreational cannabis in Canada is officially here. Although employers have had over a year and a half to prepare for legalization, a recent Ipsos poll found that managers and employees are not on the same page when it comes to their respective expectations concerning the…

Source

Everything You Need to Know About Ontario’s Employment Laws

Doug MacLeod — Tue, 26 Sep 2017 13:35:22 +0000

Now that I have your attention, let me outline three things you need to know. Earlier this year, the government announced it was hiring an additional 175 enforcement officers. In addition, I expect amendments to the ESA will be passed this fall by way of Bill 148 which will impose several new obligations on employers. If your organization is inspected you will be asked, among other things…

Source

Can my employer ask me to attend an independent medical examination (or IME)?

Nadia Halum — Fri, 08 Sep 2017 15:23:54 +0000

We often receive calls from employees who have been asked by their employers to submit to an independent medical examination, or an “IME,” in response to the employee’s request for accommodation. The highest court in Ontario was recently asked to decide whether an employer is within its rights to ask employees to submit to such an examination as part of their duty to accommodate employees.

Source

Changing an Employee’s Shifts After a Medical Leave is Discrimination

Nicole Simes — Fri, 31 Mar 2017 12:44:10 +0000

Many employees require a medical leave at some point during their career. Often the difficult period begins when they return to work and are not supported. Employees have the right to accommodation to the point of undue hardship. This means that the employer must make changes to the workplace that assist the employee to complete their duties while dealing with a physical or mental disability.

Source

Can an Employer Force You to Take a Drug Test?

Nicole Simes — Wed, 04 Jan 2017 20:42:07 +0000

Some employers attempt to make alcohol and drug testing mandatory for their employees. This year, the TTC gave the go-ahead to implement random drug and alcohol testing for its employees. What are the legal implications of drug testing in the workplace? Drug and Alcohol Addictions are Disabilities The Human Rights Tribunal of Ontario recognizes both drug and alcohol addictions as disabilities…

Source

Does my employer have to modify my hours to accommodate my caregiving obligations?

Nadia Halum — Wed, 23 Nov 2016 16:56:35 +0000

We often get calls from people who need their employer to change their hours of work to accommodate their caregiving responsibilities towards their children, or their parents. Sometimes the employer is required to accommodate this request; sometimes not. To read more about our blogs on this subject, click here. The test that has been used to decide whether the employer must accommodate this…

Source