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ARTICLE · 07 OCTOBER 2024

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Get Back Jojo: Return To Office Justified, Accommodation Not Warranted Says Arbitrator

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In this case, the Grievor (whose name was not Jojo), an employee of Hydro Ottawa, worked as a dispatcher and had been temporarily allowed to work from home during the COVID-19 pandemic.

CanadaEmployment and HR
Kelsey Orth
Kelsey Orth
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The recent arbitration decision in International Brotherhood of Electrical Workers (I.B.E.W.) Local 636 v Hydro Ottawa Limited provides significant insight into how employers should handle accommodation requests, particularly in relation to working from home (WFH) and health-related issues. This case serves as a critical reference point for employers navigating accommodation obligations under both collective agreements and human rights law, especially in a post-pandemic world where remote work requests are becoming more common.

Case Background

In this case, the Grievor (whose name was not Jojo), an employee of Hydro Ottawa, worked as a dispatcher and had been temporarily allowed to work from home during the COVID-19 pandemic. However, after Hydro Ottawa mandated a return to the office in July 2022, she requested continued remote work due to severe pregnancy-related nausea and fatigue, supported by a recommendation from her physician. Hydro Ottawa denied her

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