TO ACCOMMODATE AN EMPLOYEE, SHE STILL HAS TO BE WILLING TO WORK!

Release date: January 22, 2007

TO ACCOMMODATE AN EMPLOYEE, SHE STILL HAS TO BE WILLING TO WORK!

A secretary contests being dismissed for having tried to avoid a progressive return to work and for not having provided the psychiatric assessment requested by the employer. The union alleges that the employer had to accommodate the employee. According to the adjudicator, "The person who is claiming additional accommodation, that is, the plaintiff, is precisely the one who is failing to cooperate!" Now, the obligation to accommodate is not a one-way obligation incumbent exclusively on the employer. And even if the attempts to avoid a return to work had not been proved, the adjudicator is of the opinion that no measure of accommodation is justified, because the employee was not diagnosed as being unfit for work or suffering from a handicap. The dismissal is therefore upheld. Canadian Union of Public Employees, Local 940 and Côte Saint-Luc (City of), DTE 2006T-1056 (T.A.) Me Diane Sabourin

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