Is An Employee's Repeated Failure To Participate In The Accommodation Process Just Cause For Termination?

The duty to accommodate requires the employer, the union and the employee to cooperate.

In Service Employees International Union – West v Wynyard CARRES Inc., the grievor claimed that she required a number of workplace accommodations due to her alleged medical condition, but failed to provide adequate medical documentation to support her claims. Her accommodation requests included working only particular (and varying) hours of the day or night, as well as an exemption from the requirement to obtain a driver's license. The employer operated a care facility and day program which required particular hours of care and the ability to transport residents for their safety as well as quality of life.