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We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”. Employers often wonder this because when an employment relationship is frustrated, the employee is not entitled to common law notice or pay in lieu of such notice [1]. In the past few years, the dialogue about workplace mental health has increased dramatically.

In some cases, mental illness will also engage an employer’s duty to accommodate the employee to the point of undue hardship.

Employers are well advised to be aware of the relevant considerations, risks and obligations with respect to managing a disabled employee’s performance.

Implementing best practices can help to effectively navigate the intersection between disability and discipline.

We will review the relevant legislative framework as well as recent employment and labour law decisions regarding the accommodation of mental illness in the workplace and the boundaries of the duty to accommodate.

We will also discuss best practices to create and maintain a psychologically healthy and safe workplace.

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