HReview Breakfast Seminar Archive: 2025

Workplace accommodation can be challenging at the best of times. Even more so when combined with the unique challenges associated with mental health and/or substance use disorder. Join us as we discuss:

1. Workplace accommodation framework

• The definition of “disability” under human rights legislation
• Employer’s duty to inquire
• Employer’s duty to accommodate to the point of undue hardship
• Employee’s duty to cooperate and provide information

2. Mental health

• Determining if there is a mental health disability
• Request for medical information
• Accommodation strategies
• Discipline and termination when an employee has a mental health disability
• Frustration of contract

3. Substance use disorder

• Determining if there is a disability
• Investigating suspected impairment
• Accommodation strategies
• Last chance agreements

In recent years, courts appear to be on a mission to strike down a range of termination provisions to the benefit of employees. Even the most experienced HR leaders have found themselves puzzled about what to do next.

Join us at this HReview webinar as we discuss:

1. Employment Agreement Language

• • Cross-Canada caselaw update on the enforceability of termination clauses.
  • Risks associated with a fixed-term employment agreement.
  • Other key clauses to consider:

1. 1. 1. Layoff
      2. Hybrid/remote/in-office arrangements
      3. Workplace policies and employee handbooks.

2. Constructive Dismissal

• • What is constructive dismissal?
  • Best practices to avoid a successful claim of constructive dismissal.

3. Terminating the Right Way

• • What should be in a termination letter? What should not?
  • What should you say in a termination meeting? What not to say.
  • When and how to protect your business with a non-disparagement clause.
  • How to respond to a Service Canada inquiry about an employee’s termination.

4. Terminating the Wrong Way

• • Recent trends in “bad faith” damages.

Workplace accommodation can be a challenge for even the most seasoned HR professional.

Join us as we discuss some of the most common (and challenging) accommodation issues. Topics include:

1. Accommodation Basics
   • What is “accommodation” under human rights law?
   • What is the meaning of “undue hardship?”
   • What are the obligations of the workplace parties, including the employee and union?

2. Disability Accommodation
   • Addressing mental health accommodation issues, including those associated with returning to the office/workplace.

3. Family Status Accommodation
   • What are an employee’s obligations in the context of childcare accommodation?
   • What information is an employer entitled to seek?
   • Balancing return-to-the-office/work with childcare accommodation.

4. Drugs and Alcohol in the Workplace
   • Case law update on accommodation of a substance use disorder.
   • Can an employee be dismissed for failing to participate in a drug or alcohol test?
   • How to effectively use a last chance agreement.