ARTICLE · 30 OCTOBER 2017

Employer's Duty To Inquire

Integritas Workplace Law Corporation

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McNish v. Electronics Boutique Canada and others, 2017 BCHRT 32 ("McNish") a decision earlier this year by the BC Human Rights Tribunal on an application to dismiss, illustrates an employer's duty to inquire...

CanadaEmployment and HR

Heather Hettiarachchi, LL.B M.Sc

McNish v. Electronics Boutique Canada and others, 2017 BCHRT 32 ("McNish") a decision earlier this year by the BC Human Rights Tribunal on an application to dismiss, illustrates an employer's duty to inquire about the need for accommodation, when it possesses information that raises the possibility that accommodation may be required.

Background

McNish, involved a complainant who alleged discrimination in employment on the basis of mental disability by the respondents Electronics Boutique Canada Inc ("EB Games"), Toni Hardy and Lauren Welch (collectively, the "Respondents").

Destiny McNish ("Ms. McNish") worked for EB Games as an Assistant Store Manager. The Respondent Toni Hardy was the Store Manager and the Respondent Lauren Welch was the Area Manager. Ms. McNish had a learning disability and an anxiety condition.

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