DUTY TO ACCOMMODATE

Key points in the Supreme Court of Canada ruling regarding an employer's duty to accommodate disabled employees:

• Parties to a collective bargaining agreement have a right to negotiate, in good faith, clauses to ensure employees attend work and do their work. Although time allowed off work is a factor, the accommodation of a disabled employee must be evaluated case by case.

• Parties to a collective bargaining agreement cannot agree to a level of protection that is less than that given to employees under human rights legislation.

• Undue hardship resulting from an employee's absence must be assessed from the beginning of the absence.

• An employee has a duty to provide evidence that he or she can return to work within a reasonable period of time.

Source: Supreme Court of Canada