The duty to accommodate does not vary depending on whether the employer is in the private or public sector

The employer terminated the employment of a secretary who suffered from fibromyalgia, since the latter had a very large absenteeism file, i.e. 70% over the last 9 years, and a normal return to work was in no way foreseeable. Her attending physician recommended that she return to work in a half-time position, but such a position is non-existent with this employer. According to the arbitrator, the multiple attempts at a gradual return to work interspersed with long repeated absences amounted to genuine measures of accommodation. The fact that the employer is a city cannot be used to justify a substantial increase in this duty to accommodate. The waiting periods undergone by the employer, in view of their duration and repetition, led executives to recognise that her eventual return within a reasonable time frame was improbable. The grievance was therefore rejected. Syndicat des fonctionnaires municipaux de Montréal (SCFP) v. Montreal (City of) (J. R.), DTE 2007T-952 (T.A.) Me Fernand Morin