The CRT relieves an employer of his obligation to accommodate

Release date: June 4, 2013

In a previous ruling, the CRT upheld a complaint for dismissal without just and sufficient cause, and ordered the employer to examine possibilities for accommodating the employee. The latter met with the expert hired by the employer to assess his ability to work and his occupational limitations, but refused to allow the expert to examine him. The employer then asked the CRT to declare that he was unable to proceed with the accommodation due to the employee’s total lack of cooperation. According to the Commissioner, the obligation to accommodate is not solely the employer’s responsibility: the employee is expected to actively participate in order to determine the appropriate measures to be taken. The absence of cooperation on the part of the employee and his obstruction to the accommodation process released the employer from his obligation to accommodate.

Bombardier Inc. v. M.G., DTE 2012T-59, 2011 QCCRT 0568 (C.R.T.) Mr. Gaëtan Breton


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