The employee could specify changes to hours of work, days of work, or the place of work, to
accommodate their family obligations.
Not exact matches
The first question asks whether the district should issue $ 8 million in general
obligation bonds to purchase the parcel at 1st Avenue and Three Oaks Road, improve it and build a
family aquatic center, which could
accommodate 850 to 1,000 swimmers.
On weekdays, make the morning meal fuss - free to
accommodate training, work and
family obligations.
With a number of recent Human Rights Tribunal decisions, however, employers are quickly learning about their legal
obligation to
accommodate employees on the ground of their «
family status».
Employers in BC have an
obligation to
accommodate an employee's childcare
obligations where a workplace policy, rule or standard imposes upon the employee «serious interference with a substantial parental or other
family duty».
In Misetich v. Value Village Stores Inc., 2016 HRTO 1229 («Misetich «-RRB-, the HRTO, critical of the Johnstone test, decided that applicants do not need to establish that their
family obligation engages a «legal» responsibility, and relaxed the current requirement for applicants to show they have made a reasonable effort to «self -
accommodate».
Although the debate over the extent of employers» duty to
accommodate employees» childcare
obligations will likely continue until there is a definitive ruling by an appellate court (and quite possibly the Supreme Court of Canada), prudent employers should carefully assess any request for accommodation based on
family obligations, taking into account such factors as:
The Tribunal also accepted the argument that an assessment of whether a claimant had made reasonable efforts to meet
family status
obligations (i.e. to self -
accommodate) does not belong at the prima facie discrimination stage.
Section 2 of the CHRA provides that the purpose of the CHRA is to «extend the laws in Canada to give effect... to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs
accommodated, consistent with their duties and
obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status,
family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.»
Similarly, employers have an
obligation to
accommodate time off for an employee is unable to work on account of
family caregiving responsibilities.
Johnstone set off a firestorm of debate at the start of this year when the court affirmed the Canadian Human Rights Tribunal's decision that employers had the legal
obligation to
accommodate an employee's
family status — including parental responsibilities, specifically finding childcare.
To adopt the formulation of the test set out in Hoyt and Johnstone without recalling the actual facts from which it sprang is to suggest that
family status always trumps the
obligations of work and always triggers the duty to
accommodate.
While employees may request accommodation for childcare and eldercare
obligations under human rights legislation on the basis of «
family status,» the full scope of these protections — and the extent to which employers must
accommodate — is still under development.
Employers may have a legal
obligation to
accommodate employees who have child care challenges or other
family responsibilities, such as caring for an ailing parent.
Working full time and raising a
family, Christy Underwood juggled her life
obligations with attending college in the past, but she couldn't find the school or program to
accommodate her busy lifestyle until she started taking online classes at Rasmussen College.