Workplace Wellness and the Law, through the employers lens

Valerie Prather, Cherie Klassen, Gina Savoie

Panel 4 – Occupational Health Stream – Workplace Wellness and the Law

September 24th Day Two – Macleod Hall A & B South Building 1:30 PM to 3:00 PM

Workplace Wellness and the Law, through the employer’s lens

Valerie Prather

Session Description

This session will explore the legal duties and obligations on employers, employees, and unions with respect to accommodating disabilities – including substance use disorders – in the workplace, in order to assist in creating Recovery Friendly Workplaces. It will also explore the limits of those obligations, including such questions as:

  • When has an employer reached undue hardship?
  • What are employees’ rights to privacy, including the right to keep their medical information confidential, in any accommodation or related workplace process?
  • Does it make a difference if a person is engaged in a safety sensitive or decision-critical position (or not)? Or if a person is in a regulated profession?
  • What is the scope of the duty to accommodate?

In addition, this session will touch on the impact of the stigma and bias that may be entrenched in a workplace culture as an obstacle to creating pro-resilient workplaces and discuss what legal tools are available to overcome such challenges. Finally, the speakers will engage in a discussion of the “epic fails” in Canadian case law with respect to adjudicative determinations highlighting situations where employers have simply not done enough as required by human rights law; unions have been found to be jointly responsible for not meeting legislated obligations; and/or employees have refused to adequately cooperate in the process, thereby leaving them without a desired outcome or remedy at work.

Learning Objectives

  • Gain a better understanding of human rights legislation and accordant obligations on all of the parties involved at the worksite.
  • Obtain tools to avoid the pitfalls and overcome the obstacles to advancing the creation of safe and inclusive workplaces where employees thrive and employers’ benefit; and
  • Better understand the rights – and the limits of those rights – of all workplace participants as it pertains to employee off-work activities and personal information, including medical information.

References

The Estate of DM v. South Country Co-op Limited, 2023 AHRC 115 (CanLII)

Ontario Public Service Employees Union – Local 518 v. Interim Place, 2020 CanLII

17782 (ON LA)

Central Okanagan School District No. 23 v. Renaud (1992), 95 D.L.R. (4th) 577

Capital Health Authority (Royal Alexandra) and U.N.A., Local 33, [2006]

A.G.A.A. No. 60 (QL) (Ponak)

See also: https://www3.ohrc.on.ca/sites/default/files/Policy%20on%20ableism%20and%20discrimination%20based%20on%20disability_accessible_2016.pdf (last accessed April 29, 2025)

BIO

Valerie Prather’s professional negligence practice concentrates on representing physicians before the courts when they are sued for medical negligence. In addition, she provides assistance to physicians in dealing with professional conduct issues before the College of Physicians and Surgeons and various hospital administrative tribunals.

Valerie is an Adjunct Assistant Professor at the Cummings School of Medicine at the University of Calgary with a focus on medico-legal risk management and a frequent lecturer at Grand Rounds and medical conferences.

In 2013, Valerie was named a Fellow of the American College of Trial Lawyers. She was also the recipient of the Women in Law Leadership Award for Leadership in Private Practice. In 2016, she was appointed as Queen’s Counsel. In 2025, Valerie was awarded the King Charles III Coronation Medal for her significant contributions to the community.

Other Panel Members

Join us for the Alberta Recovery Summit, hosted by the 9th Annual Recovery Capital Conference taking place on September 23rd, 24th, and 25th, 2025.

 Session Streams

  • Health Care and Recovery
  • Indigenous Health
  • Occupational Health and Safety

 Key Details

  • DAY ONE September 23rd – 5:30 pm 6:30: Early Badge Pick Up and Networking Reception, 6:30 pm to 8 pm Pre Conference Presentation
  • DAY TWO September 24th – 8:45 am to 5 pm: Keynote Speakers and Breakout Sessions
  • DAY THREE September 25th – 9 am to 5 pm: Keynote Speakers and Breakout Sessions

 Hotels

Book your hotel at one of our host hotels and save money. Click on the links for the discount rates and book early as rates will go up, and they always sell out.

Schedule

Speakers

Registration

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