Canadian Employment Law Today

July 19, 2017

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM40065782 Emplo y ment Law Today Canad ad a ian July 19, 2017 Court dismisses discrimination complaint over IME request Request for independent medical examination reasonable if necessary to meet duty to accommodate: Tribunal, court BY JEFFREY R. SMITH AN ONTARIO employer's request for an employee on medical leave to undergo an independent medical examination before returning to work when it had doubts about the medical information it had was reason- able, the Ontario Divisional Court has ruled. Marcello Bottiglia was a teacher hired by the Carleton Roman Catholic Separate School Board in 1975. e school board became the Ottawa Catholic School Board (OCSB) in 1998 and the following year Bot- tiglia became superintendent of schools for the OCSB. As superintendent, Bottiglia was respon- sible for implementing, reviewing and eval- uating the curriculum, overseeing commu- nity education programs, and supervising three families of schools. It was a busy job and Bottiglia often worked into the evening. Supreme Court upholds dismissal of employee addicted to cocaine Top court deems human rights tribunal`s fi nding that worker`s addiction wasn`t a factor in dismissal reasonable BY NORM KEITH IN PERHAPS the most important human rights decision to date dealing with drugs in the workplace, the Supreme Court of Canada recently ruled that an employer may terminate a worker for just cause when he violated a fi tness for duty policy by attend- ing work under the infl uence of drugs. e Supreme Court ultimately upheld the ruling of the Alberta Human Rights Tribunal that the employer did not unlawfully discrimi- nate when a worker was terminated. Ian Stewart worked in a mine operated by the Elk Valley Coal Corporation near the Cardinal River in Alberta, driving a loader. e mine operations were dangerous, and maintaining a safe worksite was a matter of great importance to Elk Valley and its em- ployees. To ensure safety, the company im- plemented a policy requiring that employees CREDIT: DEDMITYAY/SHUTTERSTOCK Bad relations with co-workers and managers not constructive dismissal pg. 3 Worker had anxiety but poor relationships not harassment Ontario workers rise up — or do they? pg. 4 The Ontario government's proposal for the modern workplace and what it means for millennials with Meghan McCreary WORKER FIRED on page 8 » DUTY on page 11 » ASK AN EXPERT pg. 2 Terminated workers fi nding new jobs quickly

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