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ARTICLE · 14 SEPTEMBER 2021

Tribunal Decision Underscores Flexible, Common Sense Approach To Accommodation

Roper Greyell LLP
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Consider this scenario: an employee suffers an injury at work, takes a medical leave, undergoes surgery and asks to return to work with significant restrictions...

CanadaEmployment and HR
Katelin Dueck
Katelin Dueck
Mike Hamata
Mike Hamata
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Consider this scenario: an employee suffers an injury at work, takes a medical leave, undergoes surgery and asks to return to work with significant restrictions on their ability to perform the basic tasks associated with the role. Most employers can relate to this scenario all too well and are familiar with the delicate balance that exists between the employer's duty to accommodate and the point of undue hardship.

These circumstances were present in the recent decision from the Canadian Human Rights Tribunal, Petrovic v. TST Overland Express 2021 CHRT 26. This decision considers the reasonableness of a federally regulated employer's decision not to accommodate a disabled employee.

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