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ARTICLE · 14 MARCH 2019

Between A Rock And A Hard Place: Employer Faces Competing Statutory Obligations

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How does an employer balance its obligation to maintain a safe workplace for employees with its duty to accommodate an employee with serious mental health issues?

CanadaEmployment and HR
Rachel Younan
Rachel Younan
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How does an employer balance its obligation to maintain a safe workplace for employees with its duty to accommodate an employee with serious mental health issues? According to a recent arbitration award, an employer may inadvertently breach one statutory obligation by satisfying another.

What Happened?

A police constable employed by the Ontario Provincial Police (OPP) attempted suicide in the workplace. The OPP knew the constable had mental health issues and had previously attempted suicide. The constable took a number of leaves of absences to deal with those mental health issues and the OPP received a variety of medical documentation, which cleared her to return to work after each leave.

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