Disability | MacLeod Law Firm

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…

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Are All Employment & Labour Lawyers Created Equal?

Doug MacLeod — Wed, 04 Apr 2018 12:47:54 +0000

Are there many employment & labour lawyers in Ontario? There are many employment & labour lawyers working in Ontario – especially in large urban centers like Toronto. I go to a Christmas party each year that is attended by about 150 employment & labour lawyers and it is always sold out. Every employment and labour lawyer, however, is unique. Your challenge is to find the lawyer that best suits…

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Is Your Organization Compliant with AODA? It Should Be. Here’s Why

Doug MacLeod — Mon, 27 Nov 2017 22:29:08 +0000

Did you know that employers with 20 or more employees are required to file a report with the Ontario government confirming they have complied with their obligations under the Accessibility with Ontarians with Disabilities Act (“AODA”) by December 31, 2017? Employment Standard This regulation under AODA applies to all employers. It requires an employer to comply with at least nine (9) new…

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Negligent misrepresentation during recruitment process costs employer $83,000

Nadia Halum — Tue, 10 Oct 2017 20:53:54 +0000

Providing misleading information to an employee during the recruitment process about the eligibility for an employee benefits program cost an employer $83,000 Feldstein v 364 Northern Development Corporation Mr. Feldstein applied for a software engineer position with 364 Northern Development Corporation (“the Company”). Before accepting the position, Mr. Feldstein asked the Company’s Chief…

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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…

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The Confusing and Unsettled Law Relating to Employee Medical Notes

Doug MacLeod — Tue, 12 Sep 2017 14:00:40 +0000

A proposed change to Ontario’s Employment Standards Act (“the Act”) contained in Bill 148 states that an employer shall not require an employee to provide a medical note from a qualified health practitioner (as defined in the Act) as evidence of a sickness if the employee claims a paid sick day under the Act. However, an employer may require an employee who takes a paid sick leave under the Act to…

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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.

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Getting terminated during a medical leave

Nadia Halum — Fri, 11 Aug 2017 14:00:26 +0000

Generally speaking, if an employee is terminated without just cause they are entitled to receive “reasonable notice” of termination unless they have agreed to accept a specific amount of notice of termination. An employer can provide working notice or termination pay in lieu of this notice. What happens when an employer provides working notice of termination and the employee cannot work due to…

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Can my organization implement a drug testing policy at the workplace?

MacLeod Law Firm — Mon, 24 Jul 2017 14:24:17 +0000

If you’ve been following the news over the last few months, you know that the Ontario Superior Court of Justice refused to allow the union’s injunction against the TTC’s random drug and alcohol testing policy. More recently, the Supreme Court of Canada upheld the termination of an employee who was terminated for violating his employer’s drug testing policy. These developments have led to us…

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Your Rights as a Disabled Employee

Doug MacLeod — Mon, 13 Mar 2017 20:56:16 +0000

Employers have additional obligations towards disabled employees. In addition to rights under Ontario’s Human Rights Code, the Accessibility for Ontarians with Disabilities Act & the Workplace Safety & Insurance Act, Ontario’s courts and administrative tribunals have awarded disabled employees special damages for shoddy treatment. If you have been disabled at work then you have numerous rights…

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