Disability | MacLeod Law Firm

Refusing a Disabled Customer Access to Washroom Costs Restaurant $10,000

Doug MacLeod — Tue, 22 Sep 2020 13:29:20 +0000

The Facts A 23 year old woman was born with a physical disability. As a result, she uses forearm crutches to mobilize which helps her with stability. One day she planned to meet some friends at a restaurant. When she arrived, she asked a server to use the washroom which was located downstairs. Unbeknownst to her, earlier a heavily intoxicated customer of the restaurant had fallen down the…

Source

Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

MacLeod Law Firm — Tue, 05 Feb 2019 18:52:31 +0000

In a 2019 arbitration case, a Registered Nurse who was terminated for stealing narcotics and falsifying records was ordered reinstated to her job at a nursing home and awarded compensation because the nurse had a disability. The nurse and her union acknowledged that the nurse’s actions were at the highest level of misconduct for someone in her position and amounted to just cause for termination.

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

WSIB Benefit Changes Effective January 1, 2018

Nicole Simes — Thu, 11 Jan 2018 16:29:34 +0000

Claiming benefits through WSIB because of harassment or bullying at work just got much easier. Until very recently, the Workplace Safety and Insurance Act only allowed employees to claim workers compensation benefits if they experienced traumatic mental stress at work. This was very difficult for employees to prove. The law said that the stress had to be brought on by an event that was sudden and…

Source

When can your Employer ask you for an Independent Medical Exam?

Nicole Simes — Fri, 28 Jul 2017 16:01:55 +0000

Employees often work with disabilities. The health issues they experience do not seriously affect their ability to complete their job duties. But sometimes, illness or injury becomes too much and an employee requires time away from work. This can be a difficult period. Most people do not like being off work and want to get back as soon as they are well. They see their doctor and listen to their…

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

Will the WSIB Finally Allow Mental Stress Claims?

Nicole Simes — Mon, 12 Dec 2016 17:46:04 +0000

Many employees who are injured or become ill because of their job may claim for benefits from the Worker’s Safety and Insurance Board (WSIB). If the claim is successful, WSIB benefits may include compensation for lost earnings, future economic loss, or health care benefits. While mental health issues are becoming more prevalent, it continues to be difficult to prove that the workplace has caused…

Source

Miscarriage as Disability: Rights for Women Who Experience Pregnancy Loss

Nicole Simes — Wed, 06 Apr 2016 12:00:03 +0000

A recent decision of the Human Rights Tribunal of Ontario (“the Tribunal”) has reclassified miscarriage from a solely gender-based issue to one of disability. The Decision In Mou v. MHPM Project Leaders, the Respondent requested the Tribunal dismiss the application because Ms. Mou had failed to demonstrate that she had a disability. Ms. Mou was employed by MHPM Project Leaders when she…

Source

Sick or Quit: Did the Employee Abandon his Job?

Nicole Simes — Fri, 18 Dec 2015 14:00:04 +0000

Disability Accommodation When an employee suffers from a disability, under the Ontario Human Rights Code an employer has a duty to accommodate that employee to the point of undue hardship. During the accommodation process, there are obligations on both the employer and the employee. The Ontario Human Rights Commission lists some of these obligations as follows: Employees: Employers Although…

Source

Genetic Information and Discrimination

Nicole Simes — Thu, 09 Jul 2015 12:44:41 +0000

On June 9, 2015, Peter MacKay, the then Minister of Justice and Attorney General of Canada announced legislative changes aimed at protecting Canadians from discrimination on the basis of genetic information. What Rights are currently protected? Currently, the human rights of employees who work in Ontario for a provincially regulated company are protected by the Ontario Human Rights Code (“Code”).

Source