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ARTICLE · 30 JANUARY 2019

The Long And Winding Road To Accommodation - How Long Is Too Long?

After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitable time.

CanadaEmployment and HR
Ontario English Catholic Teachers' Association v Hamilton-Wentworth Catholic District School Board, 2018 CanLII 90730

After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitable time. An arbitrator found the school board to be 80% liable for the delay in returning the grievor to work. The grievor was also entitled to damages in the amount of $7,500 for injury to dignity, feelings and self-respect.

PA, a teacher, was on medical leave from 2000 to 2007, at which point he was approved for a gradual return to work in a low-stimulation and low-stress environment with low student numbers. Over the next 2 years, further medical reports and tests were required and further recommendations were made as to ongoing accommodation of his limitations.

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