As companies call employees back to the physical workplace, more employers are electing to implement mandatory COVID-19 vaccination policies to keep employees safe. In turn, some employees are seeking accommodations for disabilities or sincerely held religious beliefs that may prevent them from being vaccinated. What should Canadian employers keep top of mind when handling these
The Ontario Court of Appeal recently left intact a lower court decision that supports employers in seeking an independent medical examination (“IME”) in certain circumstances. In Bottiglia v. Ottawa Catholic School Board, 2017 ONSC 2517, the Ontario Divisional Court held that an employee’s duty to accommodate may permit, or even require, the employer to ask for a second medical opinion where the employer has a reasonable and bona fide reason to question the adequacy and reliability of the information provided by its employee’s medical expert.
Continue Reading Value of IME in Accommodation Process Underscored by Ontario Courts