Accommodation, medical evidence, return to work and the duty to inquire.
The Recurrent Disability and Termination of Employment The issue of a recurrent disability can present a major issue for a person who had been in receipt of LTD benefits and his employment has been terminated, unjustly or otherwise. Most LTD
Termination While in Receipt of LTD A decision made by the employer to terminate when the employee is in receipt of LTD benefits, again rightly or wrongly, will present many issues to both parties. The employer would be imprudent
This chapter considers a variety of real life issues which must be considered in the context of a workplace disability. It is often the impact of such real life decisions which dictate the course of action to be followed. Few
Mandatory Drug and Alcohol Testing Broadly speaking, the issues presented with respect to mandatory drug and alcohol testing typically arise upon an employer wishing to set rules for testing in (1) pre-employment screening, (2) random testing, for non-safety-sensitive positions,(3)
Statutes Contrary to Charter Protections Provincial statutes offering workers’ compensation benefits showing differing entitlements based on mental as opposed to physical disabilities have been found to be in violation of the Charter of Rights and Freedoms. The Ontario Disability Support
Introduction There are numerous examples of employer policies or public statutes which have been determined to be unenforceable because of adverse treatment due to disability protected employee rights whether by provincial statute or the Charter. It is important to have
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Disability: Civil Remedies] Disability: Civil Remedies There are several fundamental claims which may be made against an employer due to a medical disability, apart from human rights remedies.
Administrative statutory remedy For a fulsome review of the human rights process, duty to accommodate and remedies, please refer to the Employment Law Human Rights site. Defining a Disability Most Canadian jurisdictions define a physical or mental disability by
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Disability: Common Law: Frustration: Medical Issues] Disability: Common Law: Frustration: Medical Issues Frustration Generally In a broad perspective, a contract is said to be frustrated where an existing
🏠 Home › 📁 Common Law & Statutory Issues: Disability Index › [Disability Issues: Remedies] Disability Issues: Remedies Introduction This section reviews the types of claims which may be made by the employee, given a disability issue in the workplace.
