Sentences with phrase «not accommodate the employee»

In these circumstances, the employer will only be able to dismiss the employee if it can not accommodate the employee to the point of undue hardship.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

If your office can't accommodate a workout area, consider paying for employee's gym memberships).

So, it's crucial to develop programs to initially accommodate a realistic portion of your employees and not try to serve everyone at once.

The holiday season is prime time at many small businesses, and they may not have enough staff to accommodate the extra work as well as the time off many employees want.

That approach gives flexibility regarding accommodating for fluctuating levels of in - store traffic but can be immensely frustrating for employees who regularly get ready for work, anticipate the resultant income and get told they're not needed.

If the employee reacts poorly to the warning letter you need to decide if it's because you handled the situation badly or because they simply do not want to accommodate the rules you laid out for them.

In March 2001, the United States Court of Appeals for the Fifth Circuit sided with the employer, ruling that the employee's religious beliefs could not be accommodated without causing undue hardship to the company.

«People are upset because they can't accommodate their families» schedules,» said Barbara Gregorek, a division leader with the Public Employees Federation union that represents OCFS workers.

«Where other industries nurture their most experienced employees by accommodating and being mindful of pressures which issues such as having caring responsibilities for children, grandchildren or elderly parents can bring, this is clearly not the case in teaching.

Sticking points for approving the ride sharing services include how to craft new laws to properly insure Uber and Lyft drivers, in case they are in an accident, whether or not employees should be subject to fingerprinting, and how to better accommodate disabled people.

Delaware North executives maintain that the company has outgrown its quarters at Key Center and that no office space in the region can accommodate its needs, which include not only offices, but a hotel and restaurant to train employees.

If the employee or job applicant can not be reached to confirm, the decision - maker should begin processing the third - party request before obtaining confirmation (for example, if leave is requested to accommodate emergent treatment for an employee).

Every employee I came across couldn't have been more accommodating.

«The plant will begin converting its body shop in November when the tooling and equipment specific to the Ford Expedition and Lincoln Navigator will be disassembled and transferred to Kentucky Truck Plant -LSB-...] in the interim, 1,000 employees will be transferred next door to Wayne Assembly Plant where a third crew will be added in January to accommodate increased production of the hot - selling Ford Focus» Small Vehicles at Michigan Plant: Only in 2010 Retooling a manufacturing plant of that size isn't easy or quick, so the C - class vehicles will only start production in 2010.

Seen in context, it's clear that paragraph 8 of the commentary to section 6.3.1 (3) doesn't impose a duty on lawyers to promote equality, it does impose an obligation on lawyers, in fulfilling their duty not to discriminate, to accommodate employees and clients — consistent with Ontario Human Rights Law, which has the effect of promoting equality.

Whether accommodating an individual would constitute «undue hardship» is complex analysis, one component of which is whether the discriminating standard, in this case presumably that the potential employee not be a smoker, is a bona fides operational requirement.

This includes dealing with employees in good faith, not subjecting them to workplace harassment, and accommodating their disabilities.

The takeaway from this decision, or at least my brief summary of it, is that employees do not need to establish both that their employers violated their rights and that the employer could not accommodate them; they must only establish a violation.

The Court of Appeal ruled that the employer's decision to put the employee on an unpaid leave of absence in August 2010 was not an infringement of his rights because, at that time, the employer had accommodated the employee to the point of undue hardship.

Employers need employees to be working at certain times and, for operational needs, often can not accommodate every request — even if they wanted to.

Under existing human rights law, an employee who commits drug - related misconduct, refuses to admit that he or she has a substance dependency problem and / or to take any steps to address the issues does not need to be accommodated and can certainly let be «let go».

If we forget the fact that MayorFord is an elected official (who apparently can't be removed without an act of Parliament), he would, if a regular employee, have a right to be accommodated under provincial human rights legislation if he was addicted to illegal (or legal) substances and that addiction was the cause of his behaviour.

I should say work - life integration, because the practice of law will always require long hours, so to the extent that firms and law departments can accommodate the whole of the employee and not merely view them as a unit of production, they will have a competitive advantage in the battle for talent.

More: Eugene Volokh noting that Title VII as long enforced requires employers to accommodate employees» religiously - based requests when the burdens of doing so are small, and that Star Transport — which has since reportedly gone out of business — did not put forth a showing otherwise in this case.

However, if no reasonable alternative exists, an employer has a duty to accommodate the employee's need for time off, provided it does not cause undue hardship to the employer.

Notwithstanding that that this function was only 5 % the overall role, Arbitrator McNamee held that the Hospital would have been required to pay for an additional employee during that shift to cover for that 5 % and that it was not required to do so, concluding that the «authorities were unanimous... that an employer is not required to accommodate to the extent that it provides another employee specifically for the purpose of assisting a disabled employee to perform the essential duties of his / her job».

I don't think the case is saying that an accommodation plan is set in stone and can not be reworked if further issues are identified... The issue that was put into question in this case by the employee was the employer's efforts and wanting to work within (even amending the plan) the set plan to try to accommodate the employee.

Ms Johnstone was unable to find childcare that would allow her to continue with her rotating shifts, the CBSA did not inquire into her circumstances, the move to part - time affected her pension and benefits entitlements, and the CBSA had accommodated other employees on religious and medical grounds.

For example, if there is a reasonable requirement for the particular job that the employee can not meet because of a particular characteristics this will not count as discrimination if accommodating the employee characteristic will cause undue hardship on the employer (Alberta Human Rights Act s. 7 (3)-RRB-.

(2) The fact that an employee's needs have been accommodated for the purpose of complying with the Human Rights Code shall not be considered in determining the value of work performed.

In such cases, an employer's duty to accommodate a disabled employee does not restrict the employer from terminating an employee for being unable to perform the essential work duties.

A one - liner medical note, particularly when attempting to justify a long - term absence, does not provide enough information for an employer to assess whether it can accommodate an employee's return to work.

If an employee's schedule already accommodates voting time requirements, then the employer is not required to make scheduling adjustments.

Employees must also be sure to inform their employer of any disabilities requiring accommodation, as human rights tribunal will not expect the employer to have accommodated an employee if they didn't know that the employee was disabled.

While employers do not have an automatic right to such information and asking for such information could be inappropriate, the policy recognizes that there are certain situations where the employee may have to cooperate and provide this confidential medical information in order for the employer to effectively accommodate the employee's disability.

There is no dispute that the collective agreement was not followed but the Employer claims that it was justified in so doing because of the provisions of the Ontario Human rights Act (hereinafter OHRA) which obligate it, and the Union, to accommodate disabled employees.

We often remind our clients not to rush to the conclusion that they must accommodate every disability presented by an employee.

Where any disadvantage experienced by the employee is not demonstrably caused by his or her disability, no «discrimination» exists and no duty to accommodate arises.

Employers who refuse to accommodate disabled employees by, for example, granting the employee a leave of absence to recover from a serious illness, will not be well placed to successfully defend against a human rights application.

The Tribunal stated that the duty to accommodate does not require employers to tolerate an employee's ongoing unsubstantiated absence.

Although an employee's complaints of pain, anxiety or depression may not automatically trigger an employer's duty to accommodate, employers should be aware that these complaints may trigger the employer's duty to inquire.

Eleven other employees had also asked for it off; it wouldn't be possible to accommodate everyone and scheduling make - up shifts after Himmelfahrt would be unsustainable given the perishable products and time - sensitive nature of the work.

(b) concludes that the employee's needs can not be accommodated without undue hardship on the board.

Employers who refuse to accommodate disabled employees because of relatively modest inconvenience or additional cost will not be well placed to defend against a human rights application.

So, sure businesses might sometimes face a hurdle or two in accommodating new parents at work, but should employers think so little of their employees that accommodation isn't worth the effort?

Although employers are required to accommodate employees» religious beliefs, they are not required to accommodate disruptions to business operations which can include a refusal to assist customers.

As such, the adjudicator held that the dismissal was excessive and that the employer had not yet approached the point of «undue hardship» in accommodating the employee's alcoholism.

However, the duty to accommodate does not include an obligation to displace another employee out of his or her job.»

Once the employee proves discrimination, the onus shifts to the employer to establish that the employee can not be accommodated to the point of undue hardship.