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Atlantic Employers’ Counsel – Winter 2016

THE EDITORS’ CORNER

Michelle Black and Sean Kelly

One day, the line between mental and physical disabilities may not be so pronounced, but, for now, distinctions are still drawn between Employee A with, for example, diabetes and Employee B with, for example, depression. Both employees are dealing with serious health conditions but Employee B’s condition can present additional challenges because it can be difficult to “see” and difficult to understand.

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MENTAL HEALTH AND THE DUTY TO ACCOMMODATE

Stephen Penney and Sean Kelly

Employers can face many challenges when dealing with employees who are struggling with a mental health issue. Illness and disability affecting employees can cause staffing/absenteeism challenges and morale problems with other employees. Barriers to managing the return to work process and re-integration into a productive workforce often arise.

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THE DUTY TO INQUIRE: THE PROBLEM WITH TURNING A BLIND EYE

Murray Murphy, QC, CHRP

You have heard this scenario before: An employee is constantly showing up late (or not showing up at all), being insubordinate or argumentative, or worse – completely unmanageable, so the employer then dismisses the employee. The employee then files a grievance or a human rights complaint stating that he or she suffers from a disability and the dismissal was discriminatory.

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THE SCOPE OF ACCOMMODATION OF MENTAL HEALTH ISSUES – WHAT ABOUT STRESS?

Josie Marks

There is growing understanding of the need to accommodate mental health issues in the workplace, not only due to human rights obligations but also to optimize employee productivity. However, the boundaries of employers’ obligations from a human rights perspective are not always clear. This article focuses on stress-related accommodation requests: is an employer obliged to accommodate an employee having difficulty coping with stress?

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DISCIPLINE AND MENTAL HEALTH IN THE WORKPLACE

Vanessa Paton

Disciplining employees who are suffering from mental illness can pose particular difficulty for employers. Although there is a duty to accommodate mental illness in the workplace in the same way as any other disability, misconduct related to a mental health issue is not immune from discipline. Employers are well advised to be aware of the relevant considerations, risks and obligations with respect to managing a disabled employee’s performance.

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New legal publication: Discovery: Atlantic Education & the Law

September 22, 2017

Stewart McKelvey is pleased to announce the creation of Discovery: Atlantic Education and the Law, a publication specifically designed for universities and colleges. We know it is not always easy for institutions in Atlantic Canada…

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Client Update: New Brunswick’s final cannabis report: government operated stores, guidance on growing at home

September 6, 2017

Rick Dunlop and Kevin Landry New Brunswick’s Final Report of the Select Committee on Cannabis was released September 1, 2017. The Committee was appointed by the Legislature of New Brunswick and was mandated to conduct…

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Adoption & access to justice: Judge erred in making “self-directed constitutional reference” in adoption case

August 28, 2017

Jennifer Taylor A child and her adoptive parents “found themselves caught up in a judge-made vortex of uncertainty and delay” when a judge made a “self-directed constitutional reference” instead of issuing an adoption order, prolonging…

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Knowing your limitations: a new NS case on limitation periods

August 17, 2017

Jennifer Taylor Introduction The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the “new”…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Good faith expected of employers!

August 16, 2017

Brian G. Johnston, QC While the concept of good faith is not new to employment law, its limits and implications remain uncertain. In a recent decision, Avalon Ford v Evans 2017 NLCA 9, the Newfoundland…

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Client Update: New Nova Scotia temporary solvency relief for defined benefit pension plans

August 10, 2017

Level Chan and Dante Manna On August 9, 2017, the Nova Scotia Superintendent of Pensions announced temporary solvency relief for defined benefit pension plans available effective August 8, 2017. The changes allow pension plan sponsors…

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Client Update: Canada’s infant cannabis industry starting to require a patchwork quilt of governance: updates from Calgary, Edmonton & Nova Scotia

July 28, 2017

Kevin Landry Edmonton wants “Cannabis Lounges”, Nova Scotia Landlords don’t want tenants to smoke marijuana in their rental homes, and Calgary City Council contemplates a private recreational cannabis system. The old adage of “Location. Location.…

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Client Update: Where there’s smoke, there may be coverage: an insurer’s obligation to indemnify for medical cannabis

July 14, 2017

Jon O’Kane and Jamie Watson Legal cannabis will have numerous implications for insurers. The federal Cannabis Act (discussed here), the provincial acts (discussed here) and the regulations (discussed here) are all going to add layers…

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Client Update: Driving high – the future is hazy for Canadian automobile insurers once cannabis goes legal

July 6, 2017

Vasu Sivapalan and Ben Whitney Legalized and regulated cannabis is on track to become a reality in Canada in just under a year (on or before July 1, 2018). This will create a number of…

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Client Update: Requirement to register as a lobbyist in New Brunswick – update

June 29, 2017

Further to our Client Update on June 15 titled, “Requirement to register as a lobbyist in New Brunswick”, the deadline for initial registration under the Lobbyists’ Registration Act of New Brunswick has been extended from…

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