Slaw: AODA era part II: What’s up next? The proposed integrated accessibility regulation
The Information and Communication, Employment and Transportation Standards have all been combined in the Proposed Integrated Accessibility Regulation (PIAR). This proposed regulation is currently under public review till March 18, 2011. Proposed compliance timelines are included. I was told by a source close to the ministry that the final version of the Integrated Accessibility Regulation will…
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
1 minutes read
March 18, 2011
Domestic violence and the workplace – balancing privacy and safety
I’m going to go out on a limb here and say that most of the requirements of Ontario’s Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009 are uncontroversial, and most organizations should have little trouble understanding them and complying. However, one aspect of the law has caused more discussion and confusion than any other: the domestic violence provisions, which require employers to intervene in instances where they suspect (based on reasonable evidence) that an employee has suffered or is suffering from domestic violence, particularly if that violence might reach into the workplace.
Adam Gorley
Daylight savings time: does it affect employees’ health?
Daylight savings time indicates the beginning of spring and increased energy. Turning the clock ahead one hour at this time of year provides more afternoon sunlight for outdoor exercise, which is good for one’s health. The opportunity for increased sunlight has even been linked to decreased symptoms of seasonal affective disorder and depression. But does changing the time have a negative effect on sleep and does this negatively affect employees’ health and productivity?
Christina Catenacci, BA, LLB, LLM, PhD
‘Invitation to harass?’
By now, most of us have heard about a controversial decision of the Manitoba Court of Queen’s Bench in which Justice Robert Dewar sentenced a man found guilty of sexual assault to a two year conditional sentence, allowing him to remain free in the community and avoid any jail time.
Rudner Law, Employment / HR Law & Mediation
Proposed expanded window for WSIB’s NEER policy
Another significant WSIB change is the draft Work Reintegration NEER policy. The new Work Reintegration NEER policy, which came into effect on December 1, 2010, subject to a consultation period until February 15, 2011, expands the window of retrospective rating of claims costs for those employers subject to NEER to…
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
What are the employee’s obligations in the accommodation process
The Ontario Human Rights Code provides for a variety of prohibitions against discrimination on stated grounds, including disability. However, the Code goes on to specify “a right of a person under this code is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability”. Reading through the legalese, what this means is that it is not a prohibited act of discrimination to deny an employee a job for the reasons that his disability prevents him from performing that job. However, the Code goes on to provide that a person cannot be found incapable of performing the duties of his position if it is possible for the employer to accommodate his particular needs “without undue hardship”.
Earl Altman
The best lessons are not all learned in the classroom – the threat of the irate customer
As a workplace violence consultant and subject matter expert, I am well aware that irate customers pose a very real threat to front-line workers. It’s not very often that I am that irate customer.
Andrew Lawson
Family status – a ground of discrimination just like any other
Some recent cases make the message to employers very clear: employers cannot minimize or ignore requests for accommodation on the basis of family status. The requests must be treated in the same way as requests for accommodation based on any other protected ground in the human rights legislation.
Christina Catenacci, BA, LLB, LLM, PhD
How to decide if a religious belief should be accommodated
Under human rights legislation in all jurisdictions in Canada, employers cannot ignore the religious needs or observances of employees but must work with employees to try to accommodate them. In addition, the Canadian Charter of Rights and Freedoms protects freedom of religion and expression…
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
