LABOUR/EMPLOYMENT - 2010

Addiction Not Causal Factor in Employee’s Misconduct, Therefore, No Discrimination

The Applicant firefighter alleged that he was discriminated against on the basis of a disability when his Employer suspended and then terminated his employment for behaviour “relating to an alcohol addiction”.

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Employers Not Liable for Employee’s Mental Distress Arising in the Course of Employment

A recent decision of the Ontario Court of Appeal clarifies the law concerning employer liability for workplace-induced mental distress. The Court’s ruling confirms that employers do not have a duty of care to shield employees throughout their employment from mental distress...

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Evans, Philp LLP Successful in Defending a Classification Grievance

Dismissing a classification grievance filed by the Ontario Nurses’ Association, Arbitrator Lorne Slotnick delineates the test for determining whether there has been a substantial change in the job content of an existing classification de facto created a new classification.

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Employer Not Entitled to Diagnosis or Nature of Illness When Determining Initial Entitlement to Sick Leave

A recent arbitral decision further clarifies the scope of medical information that can be required during the initial stages of an absence and sick benefit claim by an employee.

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Everyday Illness not a "Disability"

In a recent case, Anderson v. Envirotech Office Systems, the Human Rights Tribunal of Ontario found that the Employer did not discriminate against an employee who claimed that his bronchitis was a disability under the Human Rights Code of Ontario requiring workplace accommodations.

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