Allowing her to work only in the afternoon amounted to undue hardship

Release date: May 20, 2010

A cashier in a cafeteria challenges her loss of employment following a 36-month absence related to chronic fatigue syndrome and migraines. The evidence showed that the employee’s regular schedule is from 6:30 a.m. to 2:00 p.m. The employee’s attending physician expressed the opinion that she could go back to work on a part-time basis in the afternoons, as her symptoms mostly occurred in the mornings before noon. According to the arbitrator, to accommodate the employee, the employer was not obliged to change the nature of her tasks in order to lighten them and change her schedule, when there are no activities in the cafeteria after 2:00 p.m. Such accommodation would have required the creation of a custom tailored position, which would have created undue hardship for the employer. The grievance is rejected. Syndicat des travailleuses et travailleurs de l’Hôpital général juif (CSN) v. Jewish General Hospital (L.A.) , DTE 2009T-567 (T.A.) Mr. Serge Lalande


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