In recent years, there have been a number of decisions related
to the obligations of employers in their management of employees on
long term disability. Until recently, however, the interplay
between the duty to accommodate and the obligations of employers
under Workers' Compensation legislation has left various boards
unsure if the duty to accommodate extends beyond the employer's
legislated obligations regarding an injured worker returning to
work.
The Supreme Court of Canada recently addressed the issue.
Québec (Commission des normes, de
l'équité, de la santé et de la
sécurité de travaille) v. Caron, 2018 SCC 3
The employee, M. Alain Caron, worked as a special educator at
Centre Miriam. While on the job, M. Caron injured his left elbow.
The day after the injury, his employer temporarily reassigned him
as the team leader for the night shift. M. Caron spent over two
years helping with the required paperwork and with training and
supporting new and existing
