Can an Employer Refuse to Hire Smokers in Canada?

Smoking tobacco is widely known to increase health risks and reduce workplace productivity, with many smokers requiring numerous breaks throughout the day. This can have an impact on a company’s bottom line when it comes to health insurance premiums, absences and efficiency. However, are these reasons sufficient to justify a policy of refusing to hire […]

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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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Addiction & An Employer’s Duty to Accommodate

The Divisional Court has released a decision that will have an impact on future arbitral and common law cases considering an employee’s addictive behaviour and related misconduct. In this case, the employee was an R.N. employed by a public hospital. She was observed by a co-worker taking medications from the hospital inventory and also using […]

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Human Rights by Civil Action

The Basic Rule Ontario law allows for two methods of presenting a human rights complaint. The first is to present the case before the Human Rights Tribunal and the second is to sue for the human rights remedy in civil court. To take this latter step, there must be a “companion” claim then commenced as […]

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