Duty to accommodate doesn’t require exempting employee from essential duties

March 15, 2015 0 COMMENTS

by Andrew Bratt and Megan Rolland

Canadian human rights legislation generally requires employers to accommodate the disabilities of their employees up to the point of undue hardship. In the recent case of Pourasadi v. Bentley Leathers Inc. (2015 HRTO 138), the Human Rights Tribunal of Ontario considered whether undue hardship was reached in the context of a retail employee with a physical disability that affected her ability to serve customers. read more…

Google: not a replacement for individualized accommodation

January 25, 2015 0 COMMENTS

by Megan Rolland

It may be convenient and easy to use, but you cannot find the answer to everything on the Internet. As one Canadian employer recently learned, Google research on a medical condition is not a proper substitute for individualized accommodation. read more…

Toronto employer liable because of inadequate investigation of human rights complaint

June 22, 2014 0 COMMENTS

By Alix Herber

Inadequate investigation of employees’ discrimination complaints can expose employers to human rights damages. This is so even when employers do most things right. read more…

When can Canadian employment contracts be terminated for ‘frustration’?

March 09, 2014 3 COMMENTS

By Marc Rodrigue

Like any contract, an employment contract can be legally “frustrated” and come to an end. Basically, this may happen when it becomes impossible for one of the parties to perform his or her end of the bargain. For example an employment contract can be frustrated when, because of an illness or injury, it becomes clear that an employee is no longer able to work. But it is not easy to define when that will become clear. read more…