Workshop B — The Ins and Outs of Addressing Employee Accommodation and Return-to-Work

May 13, 2025 1:00 pm – 4:30 pm

Inspector Joseph Matys
Specialized Criminal Investigations - Hold Up
Toronto Police Service

Ivy Nanayakkara
Unit Commander, Wellness Unit
Toronto Police Service

Michelle Zare
Paralegal
Zare Paralegal Services Professional Corporation

Registration opens at 12:30 p.m.

Attend this workshop to gain a complete, updated roadmap to addressing enduring grey areas and dilemmas – and how to ensure that your policies are in line with Charter and other legal considerations.

The Scope of the Duty to Accommodate

  • The lengths and limits of the duty to accommodate: Key and recent case law-and their practical implications
  • Determining when a task is a BFOR – and when it is not: Concrete examples
  • The role of the employer versus the union in the accommodation process
  • Managing the costs of accommodation
  • Addressing poor performance, discipline issues and patterns of negative behaviour when mental health is a consideration

Managing Operations

  • Assessing stress leave entitlement in the absence of mental/physical disability diagnosis
  • Accommodating employees with mental health leave, sick leave and parental leave
  • Determining how to accommodate physical and disabilities
  • Accessing medical and other documentation: How far you can go in communicating with the employee, the union, legal counsel, medical professionals, and insurance companies
  • Providing adequate support during internal investigations

Return-to-Work Strategies

  • Building tailored, employee-specific strategies versus a one-size-fits-all policy
  • Keeping employees on the job and in the workplace versus paid leave
  • Deciding if and when to move ahead with employee dismissals and transfers