Effective Management of Long-Term Disabled Employees: How to Navigate the Legal Minefield

Description:

Many employers are confronted with the situation of having employees on their books that have been absent from work for an extended period (in some cases literally years) on long term disability or WSIB leave.  Many employers make the mistake of assuming that such employees can simply be terminated on the basis of frustration of contract or the deemed termination provisions of a collective agreement.  Terminating such employees without regard to their legal rights can be an expensive mistake.

This seminar will provide practical guidance for employers for effectively managing the compliance challenge associated with long-term disabled employees and will equip attendees with strategies for avoiding costly mistakes.

The seminar will review:

• The doctrine of frustration of contract: A discussion of the current state of the law and a review of legal entitlements of employees upon termination;
• Accommodation: What employers need to know about meeting the undue hardship standard;
• Deemed termination clauses in collective agreements: How they apply in the context of long term disabled employees;
• Guidance of how to comply with the rigorous Human Rights Code obligations and review of recent Human Rights Tribunal cases;
• WSIB Re-Employment Obligations: A review of the WSIB’s new enforcement approach and discussion of how WSIB obligations interact with Human Rights Code requirements;
• Managing the compliance challenge with respect to employees on WSIB’s new Work Reintegration program after the fall of the old Labour Market Re-Entry (“LMR”) program;
• Whether WSIB decisions on accommodation issues are binding in Human Rights Tribunal hearings, Court proceedings and grievance arbitrations

We hope you will join us!

(Program and content are not legal advice.  Please contact our team to learn how we can help you meet your goals)