Trends in the Workplace
"What is needed is boundary walkers - leaders who are versed in both mental health and employers' issues, and who can help to integrate disparate systems more effectively over time."
The "legal edges" of mental health in the workplace has again been demonstrated via recent legal decisions. The Keays v. Honda Canada Inc. decision by the Supreme Court of Canada clarified the role of the employer as having a right to gather sufficient information to determine accommodation which supports employers in having attendance management systems that manage absences.
Alternatively, we have the Ontario Human Rights Tribunal case Lane v. ADGA, where an employee alleged a discriminatory termination based on his Bipolar condition. The tribunal decision upheld the undue hardship obligation requiring employers to accommodate mental health in the workplace until it is reached.
These legal opinions further emphasize the need for "boundary walkers" - providers who understand the intricacies of mental health and employer issues.
We would add that a new approach to workplace mental health issues is needed. Traditional tactics are often hindering employees in returning to the workplace and employers' ability to accommodate. For the individual suffering from a mental health condition, employer processes may be found to be harassing or invasive. Further, these processes may not gather the specific information needed to translate symptoms into understandable restrictions and limitations for the front line supervisor, nor assist in identifying accommodation recommendations that the employer can implement. For example, many mental health issues cause deficits in cognitive functioning, the ability to remember or sustain focus. Translating these limitations into objective work tasks may be difficult.
At S. W. Dermer & Associates, we provide to organizations (e.g. employers or unions) assessment and consultation services that outline appropriate restrictions and limitations, provide accommodation strategies that are in the best interest of both the employee and the employer, and "integrate disparate systems" through collaborative problem solving.
We look forward to finding a Path Forward to Resolution with you.
Download: Schedule 2 Employer’s Conference – Presentation
September 27, 2006
Download: Employee Centered Mental Health Consultation – Liaison
Specialized Disability Management for Complex Cases
Download: Using the Collaborative Approach with Complex Cases in Disability Management
Article from CSPDM Connections Summer 2007 Newsletter
