Ignoring this obligation could have costly consequences
Would you know if one of your employees was struggling with a personal issue? Would you be able to spot the signs of abuse, addiction, or mental health concerns? And, if you did, could you bring yourself to ask them about it? The duty to inquire is a lesser-known accommodation prevalent in Ontario law. Just as the name suggests, it dictates that an employer has a legal obligation to say something if they believe one of their employees is acting unlike themselves.