IDEL COVID-19 Period Extended to September 25, 2021

The COVID-19 Period in Ontario’s Infectious Disease Emergency Leave has been extended until September 25, 2021. Prior to this change, the COVID-19 Period was set to end on July 3, 2021.  What does the end of the COVID-19 Period mean? The end of the COVID-19 Period is relevant to employers who reduced the hours of their employees due to COVID-19 reasons. In many cases, these employees were “laid off,” meaning they work no hours at…

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Substance Addictions at Work: A Guide for Employers – Part 2/4

addiction accommodations at work

Photo by Jeff W on Unsplash

Last week, we discussed challenges that employers face when dealing with substance dependence and addictions challenges in the workplace. We ended off discussing the employer’s duty to inquire. 

An employer has a duty to inquire as to whether an employee has disability-related accommodation needs when the employer is aware or reasonably ought to be aware that there may be a relationship between a disability and the employee’s job performance. An employer who observes unusual or troubling behaviour has a duty to assess the situation and look into whether the employee’s behaviour may be the result of a disability before the employer imposes any sanctions on the employee. 

An employer has a duty to raise concerns with the employee and to advise the employee that accommodations may be possible if their behaviour is a result of a disability, for example. 

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Substance Addictions at Work: A Guide for Employers – Part 1/4

Substance Addictions at Work

Photo by Jeff W on Unsplash

Many employers will at some point encounter drug and alcohol issues in the workplace. Under the Canadian Human Rights Act, substance dependence is considered a disability. An addiction to drugs or alcohol also constitutes a disability within the meaning of the Ontario Human Rights Code. 

An addiction should only become an issue for the employer, however, if it affects the employee’s work performance. Employers have a right to expect a certain level of performance and competency from their employees, but employees have a right to be accommodated for their disabilities to the point of undue hardship. 

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How Does Being Pregnant Impact an Employee’s Notice Period?

pregnant employee notice periodIn the case of Nahum v. Honeycomb Hospitality Inc., the employer, Honeycomb Hospitality, terminated their Director of People and Culture, Sarah Nahum when she was five months pregnant. 

Entitlement to Notice of Termination

The notice period is intended to bridge a terminated employee to their new position. Courts consider the employee’s age, length of service and the character of their employment when determining what notice period is appropriate. 

Ms. Nahum had been with Honeycomb for just four and a half months. She was 28 years old and made $80,000 per year. She was terminated without cause, did not have a valid contract governing her termination entitlements, and therefore was entitled to notice in accordance with the common law. 

Honeycomb argued that an appropriate notice period for Ms. Nahum was two months.  

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