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ARTICLE · 21 FEBRUARY 2018

SCC Integrates Reasonable Accommodation Concept Into Assessment Of The Right To Return To Work

Blake, Cassels & Graydon LLP
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The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l'équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment) ...

CanadaEmployment and HR
Natalie Bussière
Natalie Bussière
Francis Laperrière Racine
Francis Laperrière Racine
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The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l'équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable accommodation into the assessment of the right to return to work of an employee who has suffered a work-related injury under the Act respecting industrial accidents and occupational diseases (AIAOD). The Caron Judgment therefore confirms that Quebec employers have an additional duty under the AIAOD when an employee returns to work after having suffered a work-related injury.

RIGHT TO RETURN TO WORK

The AIAOD provides that employees who suffer a work-related injury may receive various benefits and exercise their right to return to work with their employer in the same employment, equivalent employment or suitable employment:

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