Family status accommodation expanding

Long-time employee caring for ailing mother wins discrimination case
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 10/10/2012

A recent ruling from the Ontario Human Rights Tribunal (OHRT) has put elder care in the spotlight and should have employers taking notice, according to legal experts.

Lyndon Devaney began working as an architect at ZRV Holdings, a holding company for Zeidler Partnership Architects, in 1982. In the 1990s, his mother’s health became an issue as she had osteoarthritis and osteoporosis. As her primary caregiver, Devaney was often out of the office but said he could be reached 24-7 by phone, email or in-person.

Working on a major project in 2007 and 2008, Devaney put in about 1,500 hours of overtime, he said, though he did not receive compensation for it. However, senior partner Alan Munn felt the overtime claims were overstated and was unhappy with Devaney’s frequent absences.