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ARTICLE · 05 DECEMBER 2019

Employer's Change To A Gratuitous Benefit Is Not A Failure To Accommodate

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City of Toronto v. Canadian Union of Public Employees, Local 79, 2019 ONSC 4045

CanadaEmployment and HR
Maciej Lipinski
Maciej Lipinski
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City of Toronto v. Canadian Union of Public Employees, Local 79, 2019 ONSC 4045

The Ontario Divisional Court's recent decision in City of Toronto v. Canadian Union of Public Employees, Local 79, 2019 ONSC 4045 concluded that the duty to accommodate was not breached by an employer removing an entitlement to a gratuitous benefit that was based on work performance, even where the benefit had previously been provided to an employee with a disability despite his reduced work schedule. In making its finding, the Divisional Court quashed an arbitrator's award that had come to the opposite conclusion, and concluded that the arbitrator's decision was unreasonable.

The Reduction in Benefits to an Accommodated Employee

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