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What is an Employer’s Duty to Accommodate?

When an employee is unable to perform his or her job as a result of a disability (either physical or psychological), because of child care or due to other constraints, the employer has a duty to accommodate the workplace requirements of the employee to the point of undue hardship.  If you suffer from a disability and believe that your employer has failed to accommodate your medical restrictions and limitations, contact our employment law firm today at (647) 838 -6740 for a free consultation.

Undue hardship is a high threshold to meet; accordingly, an employer must be diligent in taking steps to ensure that an employee with restrictions and limitations has been taken care of in the workplace – whether modifying job duties and hours, or other accommodations as identified by the employees’ medical practitioners.  For employees seeking accommodation, it is imperative that medical documentation is produced to the employer on a consistent basis, to justify the need for accommodation and to show that medical treatment is being obtained to ameliorate the difficulties.

Employers that do not uphold their duty to accommodate may be subject to a human rights complaint from an employee.  Further, if a disabled employee is terminated from their employment and the termination has some linkage to the disability, the employer may be obligated to pay severance pay for wrongful dismissal and human rights damages for an illegal manner of dismissal.

If you are disabled and your employer is not providing sufficient accommodation and/or you have recently been terminated from your employment while disabled, contact the employment law firm of Goldstein Law and you will have a safe pair of hands to handle your case.

Workplace Harassment

Ontario’s Occupational Health and Safety Act (OHSA) sets out the rights and duties for occupational health and safety of all parties in the workplace. The act provides for enforcement of the law in cases where compliance has not been voluntarily achieved.

The requirements for violence and harassment in the workplace establish minimum standards and set out the rights and duties of all those who have a role in dealing with workplace violence and workplace harassment.

Workers may face violence and harassment in any workplace and from any person in that workplace.

There is a continuum of unwanted behaviours that can occur in a workplace. This can range from offensive remarks to violence.

It is important for employers to address any unwanted behaviours early to minimize the potential for workplace harassment to lead to workplace violence. Employers, therefore, have specific duties with respect to workplace harassment and workplace violence under the Occupational Health and Safety Act.

If you have suffered from workplace violence or harassment, contact our employment law firm today to determine whether your employer has complied with their obligations under the OHSA.  

Maternity Leave and Termination

Can you be terminated while on maternity leave?

Like most questions in the law, it depends, but the answer probably is yes, an employer can legally terminate you while you are on maternity leave so long as the reason for the termination does not relate to the fact that you are on a maternity leave.

If an employer is going through a Company-wide restructuring, they are permitted to terminate employees that are on maternity leave. Moreover, if your job has been restructured or found to be redundant, and the employer cannot reasonably place you in a comparable position upon your return from maternity leave, they have the right to terminate you so long as they provide you a reasonable termination package.

Termination of employees during and after the maternity period is very common, and the legality of the termination is dependent on the circumstances.  Goldstein Employment Law has experience in negotiating termination packages for employees on pregnancy leave. Please contact us now for a free consultation.