Canada labour law mental illness accommodating
Employers can anticipate that such conduct on their part will prompt the employee to argue that he or she was led to believe that an otherwise questionable expense was in fact proper.
Ultimately, even if the results of an investigation show that the employee has claimed improper expenses, it is necessary, as it is in all cases where termination for just cause is being considered, to look at the totality of the circumstances.
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In an ideal world, there will be a clear document that an employee has signed which proves that they reviewed and understood the rules, or were even trained on them.
Where the evidence shows that the employee’s expense claims were being reviewed by and approved by the organization for some period of time (or where the employee can show that someone in a position of authority was aware of the claims and did not object to them), an employer will have a far more difficult time attempting to justify a termination for cause relating to improper expense claims.
Duffy, “administrative processing irregularities”). So, for example, where an employee submits a claim and is required to add up various expenses supported with receipts and the amount claimed does not match the receipt amounts, this could easily be attributed to a mathematical error.
However, this is in contrast to a situation where, for example, an employee claims a meal for business development purposes and, upon investigation, it is determined that the employee did not in fact entertain a prospect but rather was dining with his or her spouse.
It will address ways of approaching the stigmatized topic, ways employers should treat employees with mental illness, medical information that can be requested as well as employee privacy rights.
The session will also navigate through an employer’s legal obligations and provide success stories and failures on the part of employers when dealing with mental illness.Appearing regularly on Best Lawyers and Leading Practioners lists in Canada, Christine is known for her high capability to think strategically, and her ability to find practical, often innovative, legal solutions to her clients’ challenging workplace issues.