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The following is a summary of the 11 articles by Denise Workun.
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Medical Leave and Accommodation for Mental Illness and Addictions Published September 11, 2013 (Employment Law)
Increasing numbers of employees are struggling with mental illness and addictions in today's workplaces. The symptoms related to these types of illnesses, including a decline in capacity to handle deadlines; stress; despondence; erratic behavior; inability to concentrate and focus; and fatigue. These symptoms are often perceived and treated by employers as a performance issue, with disciplinary results that, in turn, may worsen the employee's condition.
Medical Information and the Duty to Accommodate Published June 6, 2012 (Employment Law)
There is often confusion and miscommunication as to whether and to what extent an employer is entitled to medical information when an employee requests accommodation of a disability. Employers may legitimately ask for medical details that are relevant to determining appropriate accommodation measures in the workplace. However, employees often perceive such requests to be an overly-intrusive invasion of their personal privacy, amounting to workplace harassment.
Justice Delayed is Indeed Justice Denied: Grover v. Canada (Attorney General), 2010 FC 320 Published May 1, 2010 (Employment Law)
In upholding a decision of the Canadian Human Rights Tribunal to dismiss a human rights complaint, without a full hearing, the Federal Court has ended one of the most protracted human rights disputes in Canadian legal history.
Freedom from Discrimination Published January 8, 2009 (Employment Law)
According to the Ontario Human Rights Commission, ageism is an attitude that makes assumptions about older persons and their abilities, and puts labels on them. Ageism is also a tendency to view and design society on the basis that everyone is young. Age discrimination is a consequence of ageist attitudes.
Parliamentary Privilege Published May 31, 2002 (Employment Law)
Human rights advocates have responded enthusiastically to a decision, in the case of Canada (House of Commons) v. Vaid, taking particular comfort from the finding that those who manage key democratic institutions on behalf of Canadians are subject to human rights legislation like other employers. This article will talk in depth about this Human Rights case and the decision.
Supreme Court of Canada Shows Trend of Expanding Human Rights Legislation in Canada Published June 8, 2000 (Employment Law)
Mediation Helps Break Human Rights Logjam Published February 17, 2000 (Employment Law)
Mediation has arrived as a long-awaited response to the serious backlogs of complaints facing human rights Commissions across the country. Each of the provincial Commissions has now adopted mediation, with varying degrees of formality.
Human rights implicitly guaranteed in all employment contracts: Charlton Published November 2, 2007 (Labour Law)
Human rights violations in the employment context may now be considered contractual breaches warranting the award of mental distress damages.
Analyzing the Canadian HRC's Annual Report Published May 6, 2005 (Labour Law)
A look behind the statistics suggests that in reality, access to justice for victims of discrimination is being systematically outsourced, privatized and, in many cases, just plain denied.
The protection of human rights is being fundamentally eroded Published June 6, 2003 (Labour Law)
The privatizing of human rights in Canada is well underway. Institutional support for the protection and promotion of human rights is being fundamentally eroded, both legislatively and by more subtle means.
Alcohol and Drug Testing in the Workplace - Balancing Human Rights and Safety Published January 6, 2001 (Labour Law)
Alcoholism and drug addiction constitute "handicaps" under human rights legislation, triggering an employer's obligation not to discriminate and to accommodate to the point of undue hardship. The Ontario Court of Appeal and a leading arbitrator recently applied this human rights analysis in the context of reviewing the drug and alcohol testing policies of two major employers, Imperial Oil and the Canadian National Railway Company.