ACCOMMODATING DISABILITY: EMPLOYEES MUST ALSO DO THEIR PART

Release date: January 4, 2004

The employee was absent with a major depression for more than 24 months when the employer agreed to extend the time allowed before ...

The employee was absent with a major depression for more than 24 months when the employer agreed to extend the time allowed before the job would be forfeit, beyond that provided for in the collective agreement, until a medical evaluation made it possible to know when a return to work might be expected. But the employee refused 3 times to submit to this evaluation. The employer then proceeded to close the employee's file. According to the Superior Court, the adjudicator was justified in concluding that the employer had clearly shown his intention to have the medical condition of the employee evaluated in order to see the possibilities for accommodating, since he had agreed to extend the deadline for job forfeiture. By refusing to comply with the employer's request, the employee and the union kept the employer from exercising his obligation to accommodate. The grievance was dismissed. Syndicat des travailleuses et travailleurs Intragaz – CSN and F., DTE 2006T-301 (C.S.) Judge Michel Richard

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