Accommodation E-lert
Login to Accommodation E-lert for instant access to the latest cases on the duty to accommodate in Canada and their impact on the unionized workplace.
ACCOMMODATION E-LERT Editor
Peter Barnacle
Labour Lawyer
Saskatoon
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Check out these recent Accommodation E-LERTS:
- : Manager allows remote-work accommodation of pregnant employee in contravention of employer policy
- : Alberta arbitrator says the procedural duty to accommodate is not a stand-alone duty
- : Employee terminated before psychiatric evaluation complete
- : Employer justified in requesting IME after grievor struggles to perform under return-to-work plan
- : Human rights tribunal dismisses complaint of employee who could not use a safety mask due to facial hair
Tip Of The Day
While arbitrators will certainly pay attention to medical letters and the recommendations of health professionals, they will recognize the difference between a suggestion and a mandatory direction coming from a physician. In an accommodation matter, employers have the discretion whether to accept a medical suggestion, but they are generally required to follow the mandatory direction from a health professional, unless they are willing to seek a second medical opinion to challenge the direction.
