Atlantic Employers’ Counsel – Winter 2016
THE EDITORS’ CORNER
One day, the line between mental and physical disabilities may not be so pronounced, but, for now, distinctions are still drawn between Employee A with, for example, diabetes and Employee B with, for example, depression. Both employees are dealing with serious health conditions but Employee B’s condition can present additional challenges because it can be difficult to “see” and difficult to understand.
MENTAL HEALTH AND THE DUTY TO ACCOMMODATE
Employers can face many challenges when dealing with employees who are struggling with a mental health issue. Illness and disability affecting employees can cause staffing/absenteeism challenges and morale problems with other employees. Barriers to managing the return to work process and re-integration into a productive workforce often arise.
THE DUTY TO INQUIRE: THE PROBLEM WITH TURNING A BLIND EYE
You have heard this scenario before: An employee is constantly showing up late (or not showing up at all), being insubordinate or argumentative, or worse – completely unmanageable, so the employer then dismisses the employee. The employee then files a grievance or a human rights complaint stating that he or she suffers from a disability and the dismissal was discriminatory.
THE SCOPE OF ACCOMMODATION OF MENTAL HEALTH ISSUES – WHAT ABOUT STRESS?
There is growing understanding of the need to accommodate mental health issues in the workplace, not only due to human rights obligations but also to optimize employee productivity. However, the boundaries of employers’ obligations from a human rights perspective are not always clear. This article focuses on stress-related accommodation requests: is an employer obliged to accommodate an employee having difficulty coping with stress?
DISCIPLINE AND MENTAL HEALTH IN THE WORKPLACE
Disciplining employees who are suffering from mental illness can pose particular difficulty for employers. Although there is a duty to accommodate mental illness in the workplace in the same way as any other disability, misconduct related to a mental health issue is not immune from discipline. Employers are well advised to be aware of the relevant considerations, risks and obligations with respect to managing a disabled employee’s performance.
Archive
By Graham Haynes & Isaac McLellan Introduction The Canadian federal budget was unveiled on Tuesday, March 28, 2023 (“Budget 2023”)1 , and proposes significant changes to the General Anti-Avoidance Rule (the “GAAR”) in Canadian tax…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 12 By Scott Campbell, Jennifer Taylor, Folu Adesanya A long-standing dispute over governance practices at the Cape Breton University Board of Governors was recently resolved…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 12 By Jon O’Kane & Emma Douglas These days it seems no one is immune from the threat of anonymous keyboard warriors posting untrue and…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 12 By Dante Manna[1] Once known for recreational use, psychedelics are slowly gaining medical legitimacy as research emerges on possible therapeutic benefits for mental health…
Read MoreWe are pleased to present the twelfth issue of Discovery, Stewart McKelvey’s legal publication targeted to educational institutions in Atlantic Canada. Our lawyers provide insight on a number of topics facing universities and colleges including…
Read MoreBy Kyle S. Hartlen, Gavin Stuttard, and Colton Smith What is the Innovation Equity Tax Credit? The Nova Scotia Innovation Equity Tax Credit (“IETC“) is a non-refundable personal and corporate income credit intended to encourage…
Read MoreBy Deanne MacLeod, K.C., Burtley G. Francis and David F. Slipp In June 2022, Canada’s federal government enacted a number of changes to the Competition Act (the “Act”) as the first step in a comprehensive…
Read MoreThis article was updated on April 19, 2023. By Mark Tector and Ben Currie On April 12, 2023 Bill 256: Patient Access to Care Act received Royal Assent. Schedule B of the Bill is the…
Read MoreThis Thought Leadership article is a follow-up to our January 2023 article on the introduction of the Prohibition on the Purchase of Residential Property by Non-Canadians Act. By Brendan Sheridan On January 1, 2023, the…
Read MoreBy Kevin Landry and Jahvon Delaney Background On March 25, 2023, the Government of Canada released a Notice of Intent titled Consultation on potential amendments to the Cannabis Regulations. The Notice outlines that Health Canada is…
Read More