The Duty to Accommodate | Employment Law Show TV – S1 E10

Summary

The Employment Law Show with Canadian employment lawyer Lior Samfiru and co-host John Scholes. Discover your workplace rights and learn everything you need to know about employment law in Ontario and British Columbia on Season 1 Episode 10 of the only employment law show on TV in Canada (formerly known as Employment Hour in 30)

On this episode, we discuss the duty to accommodate, constructive dismissal, the Employment Standards Act, and more!

What We Covered

► 1:40 – How to respond to workplace harassment in an office that features only three employees.

► 4:19 – I have been on disability leave for over 2 years, after 4 years of work. I was expecting to return to work in the coming months, however my employer just sent me my termination papers. Is my employer legally able to terminate me?

► 8:04 – I am an employee who is constantly being pressured, bullied and harassed at work. Do I have a claim for constructive dismissal?

► 11:13 – I’m 57, and worked in computer software before being let go after 8 years and 2 months of employment. My salary was $89,000. I was offered 20 weeks of severance pay. Should I ask for that amount in one lump sum? Due to my age, I’m not sure when I will find another job.

► 14:56 – The importance of using The Severance Pay Calculator following your termination from your job.

► 17:06 – The Employment Standards Act only guarantees your MINIMUM severance entitlements. Most employees are owed MUCH more under common law.

► 18:00 – A 46-year-old individual with 9.5 years of service in a technical position, earning a $43,000 salary, thought they were only owed 9 weeks of severance pay. The Severance Pay Calculator revealed that they are entitled 9 – 12 months’ severance.

► 20:06 – An HVAC technician was supposed to receive a raise, but when he asked his manager about it, he was fired the next day. His manager said it was due to there being a ‘lack of work’. Lior discusses what an appropriate severance package would be in this case.

► 23:30 – A senior manager recently saw one of his coworkers resign. He has had to work additional hours to cover their duties. His requests for additional compensation are being ignored. What should he do?

► Understanding the Duty to Accommodate

• 25:47 – What is the duty to accommodate?
• 26:53 – Who has the right to be accommodated?
• 27:29 – When is an employee NOT entitled to accommodation?
• 27:57 – How far does an employer have to go to accommodate an employee?

Next Episode: Employment Law Show S1 E11 – What Your Employer Won’t Tell You

Previous Episode: Employment Law Show S1 E9 – More Seniority Than You Realize