The Accessibility for Ontarians with Disabilities Act has become a challenge for many employers to implement.
There is a constant battle about what information is needed to plan return to work. Should an employer know the diagnosis? What information is truly necessary? Can I send an employee to an independent medical examination? There have been many arbitrations which debate these questions, but none that are the final answer. This webtip will examine the questions to ask to support return to work and how to gather key information about function.
This webtip will focus on the new OHRC Bill 107 and accommodation processes that employers should put into place to ensure that they are meeting their duty to accommodate. The webtip provides step by step processes for accommodation with accommodation measures that have been supported through legal decisions.
According to the Human Rights Code, the employer has the duty to accommodate to undue hardship. Many employers are faced with the decision of termination for frustration of contract, for employees who are absent from the workplace for extended periods of time. The question becomes...Can an employer terminate when an employee is absent for non culpable reasons? This webtip will examine the process that an employer should implement when dealing with decisions around termination of individuals with disabilities.
A recent report by Lesley Morrison from the Herald on Tuesday, September 25, 2007 noted the dangers of an employee being off work. The following are excerpts from that report:
"The medical sickness certificate is one of the most powerful, potentially dangerous, treatments in a GP's armamentarium". That's the view of Professor Waddell, of the Centre for Psychosocial and Disability Research at the University of Cardiff. This webtip will examine the cost of worklessness and lost time.
This webtip provides an overview of a study that demonstrates the success of ergonomics in the workplace and strategies to reduce musculoskeletal disorders.
The Ontario Human Rights bill 107 passed third reading on December 5, 2006. This webtip reviews the Bill 107 and it also provides a step by step process for managing reasonable accommodation requests within the workplace. The final part of the Webtip reviews various accommodations that have been accepted by the Human Rights commission in past legal cases.
Functional Assessments (better known as FCE/ FAE/ PCE/ FAA) are used in the return to work planning process to help to determine an employee's abilities. A recent controversial discussion was held online with our workplace partners on when to use functional assessments. This Webtip will review the research, the purpose and when to use a functional assessment in the workplace
This webtip reviews the human rights decision regarding Datt v. MacDonald's Restaurants and the lessons learned through this decision regarding the employer's duty to accommodate individuals with disabilities.