If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate. However, current decisions from various tribunals have shown, in accordance to the previous rules, that an applicant will not be held to a high standard of clarity in communication.
Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.
In a recent case titled Merrifield v. Canada (Attorney General), the Ontario Superior Court of Justice affirmed that the tort of harassment is a valid cause of action and may be pleaded against an employer by an employee.
De Bousquet PC 56 Aberfoyle Crescent, Suite 800 Toronto, ON M8X 2W4 Phone: 416-616-5628 Fax: 866-246-6190 Map & Directions
