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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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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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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