Excessive absenteeism is one of the most difficult issues facing human resource professionals today. It is also one of the more complex areas of labour and employment law. One of the reasons why excessive absenteeism is so complicated is because it often raises human rights implications.
The perfect example is found in Coast Mountain Bus
In 2012, Statistics Canada reported that 11% of the population aged 25 to 64 (or 2.1 million people) reported having limitations caused by a physical or mental disability, with conditions ranging from hearing loss, to visual impairment, to mobility challenges, to pain, to mental health conditions. As our population ages, disability-related conditions are only projected
John Betts, (the “Applicant”) was a carpenter and member of the United Brotherhood of Carpenters and Joiners of America, Local 1256 (the “Union”). While the parties were not engaged in a traditional employer-employee relationship, the Applicant was protected from discrimination by the employment related sanctions of the Ontario Human Rights Code (the “Code”).
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A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment.
Reform of laws regarding personnel leasing
One of the main developments in 2017 will
In Germany, as of 1 January 2017, various amendments to the law on severely disabled persons came into force. Of particular importance is a new regulation relating to the dismissal of severely disabled employees.
Until the recent changes came into force, before the dismissal of a severely disabled employee the representative body for severely disabled
Minnesota businesses may soon see differences in disability access claims.
On May 22, 2016, Minnesota’s Governor Mark Dayton signed into law a new amendment to the Minnesota Human Rights Act (“MHRA”). The amendment governs what must occur before attorneys can bring suit under the MHRA challenging architectural barriers that limit accessibility to public spaces.
As a general principle, the occupational health physician is a major interlocutor of the employer regarding the employees’ health and safety. In particular, there exists a very specific procedure under which employees’ disability must be acknowledged by the occupational health physician in order to authorize an employer to begin a dismissal procedure.
However, such opinion
As a preliminary comment, it should be observed that disabled employees who carry out their professional activity in a normal working environment are considered as full-fledged employees and thus benefit from the same rights as any employee. Moreover, and in any event, an employee is never obliged to disclose his/her disability situation to his/her employer.
In Germany, discriminating against disabled employees is prohibited by the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz). This law provides very comprehensive protection against discrimination of any kind. In addition, severely disabled employees have special rights and protection under the German Social Code (Sozialgesetzbuch IX).
1 General Equal Treatment Act
As this
Before the Disability Discrimination Act came into force in 1996, there was no specific protection from discrimination for disabled employees in the UK. The law on disability discrimination is now set out in the Equality Act 2010 (“the Act”) which provides for protection from discrimination in the workplace on the grounds of a number of