An Ontario court recently confirmed that an employee’s
desire to return to work does not on its own trigger a duty to
accommodate
In Katz Group Canada Ltd. v. Clarke, 2019
ONSC 2188, Mr. Clarke's employment was terminated following
a five year absence, after the long term disability provider told
the employer that Mr. Clarke was unable to perform the essential
duties of the position and would be incapable of returning to work
in the reasonably foreseeable future. Mr. Clarke
responded, through his legal counsel, that he was working very hard
to get well and wished to return to work. The employer
requested updated medical evidence to determine Mr. Clarke's
estimated return to work date. Updated medical information
was not provided and the employer proceeded to dismiss Mr. Clarke
on the basis that the employment contract was frustrated.
