Mental Health Issues & Resignation

The question of a mental disability and the need to accommodate this is a well-known concept. We have previously written about the need to accommodate cognitive disabilities as well as the human rights considerations relating to mental health at work. While human rights considerations are often the basis of these types of cases, there are […]

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Cognitive Disabilities & the Duty to Accommodate

Human rights law requires an employer to accommodate an employee with a disability. It is very clear that disability includes a mental disability as well as physical. Does this then raise the issue as to what exactly is such a disability? Generally speaking, most physical impediments are quite evident and are typically accompanied by a […]

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Sexual Addiction and Disability in Employment Law

The basis of establishing a disability clearly may include physical and/or emotional issues. The definition of what may or may not be considered a disability in an employment context is ever-evolving within Canadian employment law. Basics of the Theory One recent case out of Nova Scotia considered whether a person claiming an addiction to sex […]

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Medical Disability and Termination Claims

The issue of a medical issue and termination is regrettably complicated. It is clear that an employer cannot terminate due to the disability as this will be seen as a human rights violation and expose the company to serious liability. The employer also has a duty to accommodate the medical disability to allow for a […]

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