Need a source? Honda Canada vs Keays Supreme Court of Canada decision to employment law landscape - particularly attendance and disability management

    Human Resources Professionals Association (HRPA) and business community
    await Court's decision

    TORONTO, June 26 /CNW/ - On Friday, June 27, the Supreme Court of Canada
will hand down its decision in Honda Canada v Keays. At its core, the case
comes down to the delicate balancing of attendance management and disability
accommodation and the use of doctors' notes to enforce attendance management
    The HRPA believes that doctors' notes are a fundamental tool used by
organizations to manage attendance at work and was granted intervener status
to make submissions to the Supreme Court of Canada on this issue in February
    Stephen Rotstein, General Counsel, HRPA, and Stuart E. Rudner, Partner,
Miller Thomson LLP, are available to provide comment.

    -   Stephen Rotstein can provide comment on the HRPA submissions and the
        impact of this case on HR professionals and the business community's
        ability to use and enforce attendance management programs
    -   Direct: 647-288-4321
        Toll-Free: 1-800-387-1311 x321

    -   Stuart Rudner of Miller Thomson's Labour & Employment Group
        represented HRPA at the Supreme Court of Canada and is available to
        comment on the potential impact of the decision on Canadian
        employment law
    -   Direct: 416-595-8672

    Case history:

    Honda Canada vs Keays has been before the courts since 2005, when the
Ontario Superior Court of Justice found that Honda had wrongfully dismissed
employee Kevin Keays and also breached his human rights by discriminating
against him on the basis of a disability - chronic fatigue syndrome (CFS). The
court awarded Keays two years' pay in lieu of notice (including a 'Wallace
bump' due to the bad faith exhibited by Honda), plus $500,000 in punitive
damages against Honda - a record in a Canadian employment law case.
    The punitive damages were eventually reduced to $100,000 on appeal.

    About HRPA

    The Human Resources Professionals Association (HRPA) is Canada's HR
thought leader with more than 18,000 members in 28 chapters in Ontario and
other locations across Canada and around the world. HRPA is internationally
recognized for its knowledge, innovation and leadership. HRPA connects its
membership to an unmatched range of HR information resources, events,
professional development and networking opportunities. It annually hosts the
world's second largest HR conference. HRPA grants the Certified Human
Resources Professional (CHRP) designation, the national standard for
excellence in human resources management.

    About Miller Thomson LLP

    Miller Thomson LLP is one of Canada's premier full-service national law
firms, with more than 430 lawyers working in offices located in Toronto,
Vancouver, Calgary, Edmonton, London, Kitchener-Waterloo, Guelph, Markham and
Montreal. The firm provides business law, advocacy and personal legal services
to Canadian and international corporations, entrepreneurs, institutions,
governments, individuals, charities and not-for-profit corporations. Visit

For further information:

For further information: Stephen Rotstein, General Counsel, HRPA,
Direct: (647) 288-4321, Toll-Free: 1-800-387-1311 x321,;
Stuart E. Rudner, Partner, Miller Thomson LLP, Direct: (416) 595-8672,

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