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ARTICLE · 17 FEBRUARY 2012

The Duty To Accommodate May Require Proactively Seeking Medical Disclosure

Borden Ladner Gervais LLP
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Denis Bizier v. Les Équipements Lapierre inc.,1 is the most recent Québec labour law decision from Québec’s Labour Relations Commission (the "Commission"), considering the employer’s duty to accommodate an employee.

CanadaEmployment and HR

Edited by Jennifer M. Fantini and Naomi E. Calla.

Denis Bizier v. Les Équipements Lapierre inc.,1 is the most recent Québec labour law decision from Québec's Labour Relations Commission (the "Commission"), considering the employer's duty to accommodate an employee. The plaintiff filed a complaint with the Commission claiming he was dismissed without a good and sufficient cause, pursuant to section 124 of An Act respecting labour standards.2 In the five years preceding the termination of his employment, the plaintiff was absent numerous times owing to illness and injury. While not all his injuries were work related, all important absences were supported by medical certificates.

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