News & Analysis as of

Canada Employer Liability Issues Reasonable Accommodation

Holland & Hart - Employers' Lawyers

What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a...more

Littler

Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties in the Workplace Accommodation Process

Littler on

In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee’s complaint that that she was discriminated against in employment on the ground of her physical...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

Littler on

On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Manitoba Employers’ Accessibility Standards: May 1 Deadline Looms

In December 2013, The Accessibility for Manitobans Act (AMA) became law, with the goal of making meaningful strides in accessibility by 2023. The AMA seeks to remove barriers to accessibility in the lives of all Manitobans,...more

Littler

Alberta Court of Appeal Confirms Complainants Need Not Prove Reasonable Efforts to Self-accommodate to Establish Family Status...

Littler on

As we have written previously, the test to determine whether an employer has a duty to accommodate family status is not consistent in all Canadian jurisdictions....more

Littler

Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

Littler on

On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Littler

Canada: How Can Employers Prepare for Edible Cannabis’ Impending Arrival to Physical and On-Line Cannabis Stores?

Littler on

When Canada’s Cannabis Act and supporting regulations came into force on October 17, 2018, Canada became the first major world economy to establish a legal framework at the federal level for the adult recreational use of...more

Littler

Canadian Employers Must Navigate a Patchwork of Family Status Accommodation Requirements

Littler on

Members of the Baby Boom generation often remained in one job throughout their working lives.  It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more

Littler

The Legal Landscape for Canadian Employers One Year after Legalization of Cannabis

Littler on

With Canada’s federal election fast approaching, Canadians will also be marking the anniversary of a major legislative change that has had a significant impact on the employment law landscape in this country: the legalization...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

Littler on

Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Littler

Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

Littler on

Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

Littler on

A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Littler

Newfoundland and Labrador, Canada: Court Affirms that Inability to Measure Impairment Caused by Medical Cannabis Can Constitute an...

Littler on

The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more

Sherman & Howard L.L.C.

Employee’s Preference To Work from Home Is Not Enough

Courts are becoming more receptive to the idea of working from home as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). A few principles remain static, however, as reflected by the Eight Circuit...more

Blake, Cassels & Graydon LLP

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Blake, Cassels & Graydon LLP

Cannabis in Canada - A Changing Legal Landscape: Employment & Labour

The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide