It's never easy to talk about mental illness –
particularly not with your employer. However, the British Columbia
Human Rights Tribunal recently held that even if it's
uncomfortable, an employee may have the obligation to discuss their
condition with the employer in order to allow the employer to come
up with a proper accommodation.
Last April, in K.B v S.S, 2016 BCHRT 61,
the British-Columbia Human Rights Tribunal found that an
employee failed in his duty to work with his
employer to come to a reasonable accommodation. Finding an
accommodation requires the cooperation of both parties and without
knowledge of the disability, the employer could not be held
responsible for discrimination. The fact that it may have been
emotionally difficult for the employee to share this information
with his employer did not absolve him from that requirement or put
on the onus on the employer to be omniscient.
Written with the assistance of Lucas Rivet-Crothers, summer
About Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global law firm. We provide the
world's preeminent corporations and financial institutions with
a full business law service. We have 3800 lawyers and other legal
staff based in more than 50 cities across Europe, the United
States, Canada, Latin America, Asia, Australia, Africa, the Middle
East and Central Asia.
Recognized for our industry focus, we are strong across all the
key industry sectors: financial institutions; energy;
infrastructure, mining and commodities; transport; technology and
innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global
business principles of quality, unity and integrity. We aim to
provide the highest possible standard of legal service in each of
our offices and to maintain that level of quality at every point of
On February 1, 2017, the Ontario Human Rights Commission released a policy statement that seeks to clarify the type and scope of the medical information that employees need to provide to their employers to support disability-related requests for accommodation.
Throughout an employee's time with an employer, there are many occasions where the employer will be required to have the employee complete forms or other documents for third parties, or where the employer must complete forms themselves for third parties.
How do you know when an employee has quit her job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee's apparent resignation at face value.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).