Jun 2019 Charity & NFP Law Update
On April 4, 2019, the Ontario Superior Court of Justice (Divisional Court) (the “Court”) released its decision in Katz et al v Clarke, clarifying the extent to which an employer must fulfil its duty to accommodate and reaffirming that such duty ends when an employee with a disability is unable to work for the foreseeable future. An employee who is on disability leave is protected under provincial human rights legislation, in that an employer cannot terminate the employment relationship on the basis of the employee’s disability. Accordingly, if an employer fails to reasonably accommodate an employee with a disability or cannot demonstrate that such treatment or dismissal was unrelated to the employee’s disability, it may be held liable for claims with respect to discrimination and wrongful termination. In this case, the plaintiff employee made a claim of wrongful dismissal against his employer on grounds of discrimination with respect to his disability. The Court found in favor of the employer, holding that the employer had no duty to accommodate an employee who could not return to work. This Bulletin will review the Katz decision, which principles would be applicable to Ontario charities and not-for-profits.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 452.