With back-to-school season upon us, it feels like the right time to go back to basics and help Forky ask a practical workplace question: “What does an employer need for an effective Accommodation Policy?”
With back-to-school season upon us, it feels like the right time to go back to basics and help Forky ask a practical workplace question: “What does an employer need for an effective Accommodation Policy?”
As employers continue to refine their post-pandemic workplace strategies and the frequency of remote work requests is increasing, one question remains front and centre: when does an employee have a right to work remotely as an accommodation?
Most employers have returned to 100% in-office or hybrid work arrangements. At the same time, employees are increasingly requesting an accommodation in the form of remote work, particularly for disabilities and caregiving obligations. The reality is, however, that neither a disability nor a family status obligation creates an automatic entitlement to remote work.
Summer is peak season for many Ontario employers. Tourism operators, restaurants, retail stores, camps, agricultural businesses, and recreation facilities all rely heavily on temporary and seasonal workers to meet demand. While these roles may be short‑term, the legal obligations toward these employees are anything but casual. Ontario’s employment and human rights laws apply to temporary, seasonal, part‑time, as well as full‑time staff.
In January 2024, Classic FM ranked Mozart’s Symphony No. 41, Florence Price’s Symphony No. 1, and Beethoven’s Ninth as the top three in the greatest symphonies of all time[1]. Of the multitude of symphonies composed over the centuries, there are only about 100 recognized as the best, which is a sign of just how hard it is to create a successful orchestration that engages and is appreciated by the listener. Tastes differ, of course - but what makes a symphony great? It’s not just the notes on the page. It’s the coordination of all the moving parts: a well-drafted score, skilled musicians, clear direction from the conductor, and every part working in harmony. When one part falters, the whole performance suffers.
The duty to accommodate a disability may feel like a burden to some employers. It prevents them from applying a one-size-fits-all approach to employees and the workplace. However, with a better understanding of the duty and a framework for approaching accommodation requests, employers may find the process clearer, more predictable, and far less burdensome than anticipated.
With the shift in demographics and the limited availability of public support systems, employers are seeing more employees struggle to balance work and caregiving, leading to more accommodation requests. More employers struggle to understand what workplace policies and legal obligations apply in such circumstances, leading to an increase in discrimination claims on the basis of family status.
For nearly three decades, I’ve practiced law while living with endometriosis and adenomyosis—two chronic conditions that are often misunderstood, underdiagnosed, and invisible to the outside world and that often exist in tandem with other disabilities/ complications. Practicing law is demanding on the best of days. Add chronic illness to the mix, and the challenges multiply but so do the lessons.
The Ontario Human Rights Tribunal’s decision in Cloutier v. Back Country Tours Inc.i is a reminder that ignoring legal obligations—both substantive and procedural—can substantially increase liability under the Human Rights Code (the “Code”). Additionally, the decision highlights the Tribunal’s “no nonsense” response to employer non-compliance and a party’s failure to participate meaningfully in the proceeding.
The Human Rights Tribunal of Ontario’s decision in Cillis v. Hamilton-Wentworth District School Board (2025 HRTO 1717) clarifies the limits of an employer’s duty to accommodate under the Ontario Human Rights Code. It addresses whether emotional discomfort during accommodation amounts to discrimination. The Tribunal’s answer: no, if the accommodation is reasonable.
Employee-worn bodycams may help employers meet their legal duty to maintain a safe workplace under Ontario law, but they also raise important employment and privacy concerns. This blog examines the use of bodycams in workplaces, using a Toronto grocery store as an example, and offers practical guidance for employers on managing footage, communicating with staff, and developing clear policies to address legal and operational issues.
Inspired by the iconic Seinfeld episode, this blog channels the spirit of Festivus to highlight common frustrations in severance negotiations such as lack of financial breakdowns, unrealistic demands, misuse of general damages, neglect of non-monetary settlement terms, and poor tracking of offers.
A new school year has started and with it comes the typical September changes. But employers shouldn’t forget about preparing for another change that comes every fall in Ontario – the October 1st increase in the minimum wage. This blog highlights important reminders for employers in order to prepare for the October 1st change in minimum wage.
In Canada, Employment Insurance (“EI”) provides temporary income support to unemployed individuals as they search for new employment. The critical role of EI in supporting Canadian workers through transition periods is well known, but there are different rules that govern EI entitlements when an individual endures a new life event after an initial EI claim and must reapply (i.e., submitting a “secondary claim”).
In light of a recent case before the Social Security Tribunal of Canada (the “SST”), this blog provides employers with a practical overview of the rules governing EI benefit entitlements, clarifies the legal distinction between overlapping claims for “regular” and “special” EI benefits, and offers practical insights to employers assessing the EI-related impacts of a termination.
The dragons have landed—again! The 2025 live-action remake of How to Train Your Dragon soaring into theatres is not just a nostalgic thrill ride. For Ontario employers, it’s a surprisingly timely metaphor for managing today’s workplace—especially with new laws taking effect this summer.
Canada Day is coming in hot. But before you dive headfirst into a plate of poutine, there’s one thing savvy employers in Ontario can’t overlook: compliance with the ESA. Patrizia turned the legal stuff into a fun, whimsical blog—complete with moose-friendly math, holiday payroll tips, and a sprinkle of compliance confetti.
In this blog, Alissa outlines guidance for employers on how to manage an employee struggling with their mental health, and the delicate balance that’s needed to accommodate employees, while still running a productive workplace.
In this blog post, Brooke highlights important considerations for employers of “workfluencers” or employees sharing their typical workday and information about their jobs. While these videos can be engaging, they also present legal, ethical, and operational challenges.
40 years ago, The Breakfast Club hit theatres and its soundtrack hit the airwaves. In this blog, Cynthia Ingram shares how the movie’s iconic end-credit song, Don’t You (Forget About Me), is an important reminder to employers who have employees away from work on a leave of absence.
We’ve never been under any illusions – employers in Canada don’t have an easy time of things when they land themselves before our courts. Nowhere is that clearer than in the Ontario courts. Cue the judgment of the court in Baker v. Van Dolder’s Home Team Inc.