PH Report | Summer 2026
As we move further into 2026, accommodation remains front and centre for many employers, whether in relation to disability, family status, or broader human rights obligations.
In this edition of The PH Report, we’re sharing highlights from our most recent blogs, exploring what’s in the headlines, and letting you know where you can hear from us next.
In Case You Missed It:
Spring/Summer 2026 Blog Highlights
Top Employer Considerations for Managing Overlapping Regimes in the Accommodation Process
Workplace accommodation is rarely governed by a single set of rules. The company’s internal policies and agreements must be considered, along with any legislative obligations, including employment standards and human rights. But there can be multiple third parties involved, which may provide financial support, medical review, or adjudication regarding an employee’s needs. These third parties have overlapping (and sometimes contradictory) input about whether a leave or other accommodation is required, and about a path to a return to work.
Forky Asks a Question: What Makes an Effective Accommodation Policy?
With back-to-school season upon us, it feels like the right time to go back to basics and help Forky ask a practical workplace question: “What does an employer need for an effective Accommodation Policy?”
Remote Work as an Accommodation: What’s Reasonable in 2026?
As employers continue to refine their post-pandemic workplace strategies and the frequency of remote work requests is increasing, one question remains front and centre: when does an employee have a right to work remotely as an accommodation?
Accommodating Temporary and Seasonal Employees: Legal Tips for Summer Staffing
Summer is peak season for many Ontario employers. Tourism operators, restaurants, retail stores, camps, agricultural businesses, and recreation facilities all rely heavily on temporary and seasonal workers to meet demand. While these roles may be short‑term, the legal obligations toward these employees are anything but casual. Ontario’s employment and human rights laws apply to temporary, seasonal, part‑time, as well as full‑time staff.
What’s In The Headlines?
Common Sense Is Back:
Ontario Court of Appeal Clarifies Termination Clauses
In the companion decisions of Baker v. Van Dolder's Home Team Inc. and Li v. Wayfair Canada ULC, the Ontario Court of Appeal took a more practical approach to interpreting termination clauses. Rather than searching for hypothetical ways a clause might violate the Employment Standards Act (ESA), the Court confirmed that contracts should be read as a whole and in light of the parties' intentions.
In both cases, the Court upheld termination clauses containing language such as "at any time" and "for any reason," finding that when the agreements were read in their entirety, they clearly preserved employees' ESA minimum entitlements.
What does this mean for employers?
The decisions bring much-needed certainty to an area of law that had become increasingly unpredictable. Employers can take some comfort that courts will interpret well-drafted termination clauses using common sense and context, rather than invalidating them based on technical or far-fetched arguments. That said, employers should still ensure their contracts clearly comply with the ESA and expressly preserve statutory minimum standards.
If you have questions about how these developments apply to your workplace, we’re always happy to help.
Where You Can Hear from Us Next
PH Webinar - Invisible Disabilities Accommodation: Legal Risks & Support Strategies
Hosted By: Patrizia Piccolo & Alissa Scarcello
Date & Time: Thursday, October 8th @ 12pm-1pm EST
This session focuses on invisible disabilities in the workplace, a topic that has become increasingly important for employers and HR professionals across Ontario. We will examine:
Current legal obligations;
Common accommodation challenges;
Recent trends; and
Practical strategies for reducing risk while creating more inclusive workplaces.
Our focus will be on real-world situations that employers are encountering every day, including mental health-related accommodations, neurodiversity, episodic disabilities, remote work requests, and performance management issues. Audience participation will be encouraged.
HRPA Quarterly Legal Updates
Hosted by: Adrian Ishak
Date & Time: Thursday, October 15th
Staying current on workplace law developments can be challenging. Adrian’s HRPA Quarterly Legal Updates are designed to cut through the noise and focus on what employers actually need to know.
What to Expect:
Practical updates on legislative changes, key court and tribunal decisions, and emerging workplace‑law trends—delivered with clear takeaways you can apply immediately.