Employees in the Canada have certain workplace rights. To keep a business running smoothly, employers need to be aware of various laws which set out these rights, both in legislation and as a result of developments in the common law. While regular workplace training can help prevent issues from arising, even the most prepared businesses are occasionally faced with challenging employment situations which lead to a workplace dispute. One particular area which is sensitive to handle is with respect to a business' duty to accommodate a disabled employee.
Employees may seek accommodation based on a physical disability or a mental disability. Both of these are protected under human rights legislation. Whether the requested accommodation will be granted depends on the specifics surrounding the worker's disability, the accommodation sought and whether the employer would suffer undue hardship if the accommodation is granted.
Human rights laws pertaining to the duty to accommodate are constantly evolving. As accommodation cases are highly fact specific, no two situations involving disability accommodations are exactly the same. Legal counsel can assist businesses in navigating the sensitive issues that arise when the duty to accommodate a disabled employee arises.
As a result of helping many parties on both sides of this issue, the lawyers at our firm are well versed in this aspect of the employment relationship. We help employees and employers navigate issues regarding disability leaves, the duty to accommodate and disability management by creating an approach that is tailored to each specific situation. To learn more about our practice, please see our labour and employment website.