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for Assignment 1 An Ontario Police Office suffered from severe depression, among other issues, and had attempted suicide on multiple occasions. Once diagnosed, the employee
for Assignment 1 An Ontario Police Office suffered from severe depression, among other issues, and had attempted suicide on multiple occasions. Once diagnosed, the employee took a leave of absence to address her medical condition. When her doctor confirmed she was able to return to work after a leave, the OPP required her to attend an independent medical examination (IME). Keeping in mind the employers duty to accommodate, the results indicated the employee could return to work, but recommended that a safety plan be put in place that would allow co-workers or supervisors to notify a designated contact person if they had concerns about the employee. In particular, it was necessary to have a framework for all parties to be alerted to any potential risk of self-harm or psychiatric decompensation, especially given that the employee would be carrying and have access to firearms and have use of force options available to her. Following her return, several of the employees co-workers repeatedly raised concerns about her to the OPP. It was quite evident she continued to struggle with managing her emotions, leading to a number of outbursts and incidents in the field, and was still experiencing suicidal thoughts. Some of her co-workers believed she posed a safety risk to her fellow employees and to the public. The OPPs reaction to these concerns appeared to be disinterest, if not outright disdain. The co-workers were told they were expected to be professional and to make it work. One superintendent went so far as to advise team members that if they wanted to submit a complaint about working with the employee, they should include their request to transfer as well. Human rights legislation contemplates this potential conflict, which is why an employers duty to accommodate is limited by the concept of undue hardship. In other words, the law anticipates there will be situations where an employers duty to take reasonable steps to ensure a safe workplace for employees will take precedence over an employees individual right to accommodation. please include references & citations
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