December | Sherrard Kuzz LLP

1. What is (and is not) a disability:
   • What types of physical and mental illnesses do not engage the employer’s duty to accommodate?
   • Does the employer have a duty to accommodate ‘stress and anxiety’?
2. How to proactively manage an employee’s return to work:
   • What to do when you receive a vague doctor’s note (“Bob is sick”).
   • What medical information is an employee obligated to provide? What if she refuses?
   • What if the employee refuses to perform the modified duties?
   • How can you use WSIB resources to help manage accommodation issues?
   • What to do if the accommodated duties conflict with the terms of a collective agreement?
   • When can you require an Independent Medical Evaluation?
3. When can you terminate?
   • What is undue hardship and when is it reached?
   • What is required to establish frustration of contract?
   • How do the standards of undue hardship and frustration of contract differ?
   • Does it matter if the employee was injured at work or outside of work?