Accommodating Disabled Employees : How Much Hardship Is “Undue” Hardship?
[vc_row][vc_column][vc_column_text]July 5, 2007 How much hardship is “undue” hardship? The Supreme Court said that Employers continue to have an obligation to accommodate a disabled employee to the point of undue hardship. For employers trying to accommodate disabled employees, trying to define “undue” hardship is like trying to solve a rubik’s cube – the landscape just […]
Employment Insurance: Should The Employer Participate Or Not?
January 27, 2006 In a recent judgement, the Ontario Superior Court of Justice has applied the doctrine of issue estoppel to preclude an employer from defending a wrongful dismissal claim on the basis of just cause, where the employer raised the same defence in an Employment Insurance appeal, and lost. As a result of Korenberg v. […]
Disabled Employees Are Entitled To Severance Payments
November 29, 2005 Until recently it has been standard practice in Ontario for employers not to pay Severance Pay when a disabled employee was terminated because his or her disability made it impossible to do the job. In a decision dated May 4, 2005 the Ontario Court of Appeal concluded that employers are now required […]
Employees Entitled To Family Medical Leave
October 13, 2005 Recent amendments to the Canada Labour Code , the Ontario Employment Standards Act and the Employment Insurance Act provide employees with up to eight (8) weeks of leave from their employment and up to six (6) weeks of employment insurance benefits. The leave allows workers to be temporarily absent from work to provide care or support to a […]