Mood problem or mental disorder? When can employers discipline?

May 12, 2013 0 COMMENTS

By Kyla Stott-Jess

Employers in Canada can’t discriminate against employees based on mental disabilities. But the broad interpretation that courts and arbitration boards frequently apply to human rights laws often makes it difficult to know where the boundaries of “mental disability” lie.

In a recent arbitration decision in Ontario, Windsor (City) and WPFFA (Elliot), the arbitrator found that an employee’s mood problems and stress issues weren’t classifiable as mental disorders. He didn’t qualify as having a mental health disability requiring accommodation. read more…

Workers’ Compensation Claim for Mental Stress Allowed

June 02, 2009 0 COMMENTS

By Derek Knoechel and Lorene Novakowski

Canadian provinces have workers’ compensation legislation that provides a no-fault system of compensation for injuries suffered on the job. The system covers lost wages, medical aid, and rehabilitation for the injured worker and generally removes the injured worker’s ability to sue the employer. The workers’ compensation system is funded by employer premiums that are set and determined primarily by the employer’s industry and by the individual employer’s experience in terms of accidents and claims.

In recent years, workers have claimed workers’ compensation benefits for workplace stress. The various provincial boards have been reluctant to approve stress claims except in limited circumstances. But maybe not for long. In a recent decision, the British Columbia Court of Appeal broadened the approach to mental stress claims.

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