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Posted by / 17-Nov-2016 12:53

Canada labour law mental illness accommodating

Until recently, people were generally reluctant to discuss mental illness.Thanks to Clara Hughes and the Bell Let’s talk program there is a more open dialogue on the topic and there is less stigma attached to mental disabilities. According to the Supreme Court of Canada, As a result, all jurisdictions in Canada have introduced laws to protect employees with mental health disabilities.My colleagues Tim Lawson and Justine Lindner recently drafted an important article titled, “Lessons from Germanwings: Identifying and Managing Mental Illness in the Workplace.” For those not familiar, a flight by Germanwings from Barcelona to Dusseldorf crashed in the French Alps.Evidence was released showing that the co-pilot intentionally crashed the plane.An employer in Ontario is prohibited from discriminating against an employee because he or she has a mental disability.Employers are required to accommodate disabled employees who have mental illnesses under the Ontario Human Rights Code (Code).

During this seminar, we will focus on practical strategies for dealing with employee mental health in the workplace, including circumstances in which mental health may be linked with performance issues or interpersonal conflict.If a previously “good” employee has started acting out of character, the employer should consider whether the employee’s behaviour could be connected to a mental health issue prior to imposing discipline.It is not uncommon for an employee to claim that they have a disability only the employer begins managing the employee’s performance.The seminar will take place at our Toronto offices. If you are unable to attend in person, you can also view the seminar online through Webex.Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations Research estimates that almost one in five Canadian adults will experience a mental illness or addiction.

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Employers are well advised to be aware of the relevant considerations, risks and obligations with respect to managing a disabled employee’s performance.

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