Difference between revisions of "Employment Law Issues (9:V)"

In Lord v. Fraser Health Authority and another, 2020 BCHRT 64, the BCHRT noted that if something reasonably alerts the employer that the employee might have a disability that required accommodation, this duty to inquire becomes the first step in the duty to accommodate process.  If an employer thinks there is a connection between an employee’s poor work performance and a disability, the employer should inquire with the employee as to whether the employee has an illness or disability that is affecting performance, prior to taking actions that adversely affects the employee.  Failure to do so could be a breach of the duty to accommodate.

Bullying and harassment in the workplace are developing areas of the law.  There are several possible avenues for addressing a complaint in this area if the issue cannot be resolved within the workplace.