Accommodating Mental Health in the Workplace
When Mental Health Meets Canada’s Favourite Pastime
A human rights claim alleging discriminatory reasons for a termination is sure to get noticed this week as it intersects with Canada’s favourite pastime: hockey. A former video analyst for the Canucks, Rachel Doerrie, filed a claim alleging that she was told she wasn’t “mentally fit” for the job just days before being terminated by the organization. She is now seeking monetary compensation and asking the human rights tribunal to make orders that will address the discrimination.
It has been another very busy year in the world of Employment Law with many significant changes to the workplace/workforce both legally and culturally.
As we start to wrap up 2022, workplace law continues to move at an unpredictable, quick and sometimes wacky pace.
Post #MeToo we have more and more dialogue about sexual harassment and sexual assault. There has been significant discussion in the areas of what constitutes consent and the power imbalances that exist in the workplace. For those reasons, some employers prohibit intimate contact between employees. Employers take this stance, because they know they could be liable for the sexual misconduct of an employee, whether the misconduct was perpetrated against another employee, a client, or otherwise. 
Now, more than ever, businesses are modifying and evolving in order to keep up with changes in social and industry trends, work environments, office locations, and the economy. Generally, your business evolving is a good thing and means you’re doing well but major changes to the organization of your business can also lead to constructive dismissals. As an employer, you need to be aware of how to make changes at work, without forcing employees out. 
We are in a new age of the remote, hybrid & nomad workforce. Employers must innovate and evolve how they manage their employees or face costly exits. The ongoing struggles in our labour shortage environment have continued to shift the balance of power. What are the legal and practical implications of your nomadic workforce? What employment standards apply and what are the legal risks?
