Employment question

4SPEED427 · A Poncho Legend!

Employment question

Coop · Addicted!

In Canada employers are under an obligation to accommodate up to the point of undue hardship. Here is the Government web site that provides more details.

http://www.chrc-ccdp.ca/preventing_discrimination/duty_obligation-en.asp

ga · Addicted!

its the undue hardship that causes the problem, how is
that defined and that would be very different based on many factors
like small or large company ect..
companies are not required to "create" new jobs, but can cluster
exisiting parts of jobs together to accommodate empolyees, its
further complicated by pay scales, ie how does the accommated
position of pay compare to the previous postion, it may not be the same,
also the reason for accomodation? based on a problem caused at or
by work or outside factors, further effects becuse it may be considered
a work place injury for the purposes of a WSIB claim or as a disability issue
beacuse of a mental or a physical problem.
ive been loads of these at work, it requires tons of documentation on
everything and be prepared for a long drawn out fight,
Hows that for a big fat it depends answer, get as much doucmentation
as u can and get a good legal opinion before going to far

MorePower · Poncho Master!

Been there.....best to just quit and find another job, alot less hassle

4SPEED427 · A Poncho Legend!

Small business. There are not really many other less stressful job opportunities inside the company.

427carl · A Poncho Legend!

Carl Stevenson wrote:

Suppose an employee leaves a job on stress leave (under doctor's orders) and can't return in the same job position because of that. What moral/legal/or whatever obligation does the employer have to find the employee a new position within the company?

That was me!!!!
My small family business, maked my separation form.. QUIT instead of MEDICAL (I had doctors auth.)
and that prevented me, getting any "unemployment insurance" after paying in for 35 years.. They promised to find me a less stressfully position (they haven't called in 4 years)

455gto · Poncho Master!

Stress is hard to prove that it was your job or maybe family troubles etc. Most major comany's have an employee care program. Small company ...your on your own and if the employer is a hard ass your up the creek

427carl · A Poncho Legend!

455gto wrote:

Stress is hard to prove that it was your job or maybe family troubles etc. Most major comany's have an employee care program. Small company ...your on your own and if the employer is a hard ass your up the creek

Exactly!!!

67BBSD · Canadian Poncho Superstar!

I agree-

sometimes the stress fighting the system can cause more damage than the original illness.

My wife had to quit her job after an attempted WSIB claim-way too much stress the doctors said and even if sick benefit or WSIB were to pay how much would it be ? We needed the money but my kids need a mom more than we need to fight for the $

Pontiacanada · A Poncho Legend!

My wife had/has computer-related injuries.

She paid for massage therapy, and physiotherapy out of her pocket, and got a percentage reimbursed through my health plan. She had a Doctor's note/assessment to do so.

She also bought and paid for her own ergonomic devices for use at work.

She never got involved with WCB.

Her former employer wasn't impressed that she was taking a couple hours off every second week for therapy, even though it helped with her productivity, and she had a Doctor's note to do so.

They found a way to get her out the door, by putting her in a lesser position, with an almost non-existent workload (but with the same salary). They eventually deemed her position irrelevant, and laid her off.

She went a lawyer to see what rights she had, for wrongful dismissal and he said it would be hard to win a trial.

Since then, she has upgraded her skills (she is a webmaster/programmer) at college (paid by the government, since she was laid off), and found a great job, that understands her needs.