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ARTICLE · 02 SEPTEMBER 2026

Accommodation Requires More Than Insisting On A “100% Fit” Employee

Roper Greyell LLP
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The B.C. Human Rights Tribunal found that an employer discriminated against a long-term employee with a knee injury by insisting he return to his original role as a Second Cook...

CanadaEmployment and HR
Tana Wang
Tana Wang
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Previously printed in the LexisNexis Labour Notes Newsletter.

In Gbedze v. Hilton Vancouver Metrotown, 2025 BCHRT 225, the B.C. Human Rights Tribunal (the “Tribunal”) found that an employer discriminated against an employee with a physical disability by failing to meaningfully explore accommodation options beyond his pre-injury role, effectively requiring him to be “100% fit” before returning to work.

Background

Mawunyo Komla Honore Gbedze (the “Worker”) is a refugee from West Africa.  He worked as a Second Cook at the Hilton Vancouver Metrotown (the “Employer”) for approximately 17 years before he suffered a serious knee injury at work in November 2018.  Following surgery and an extended medical leave, he sought to return to work in late 2019 after his employment insurance (EI) and short-term disability benefits were exhausted.

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