Arbitrator Finds "Age-Related Risk To COVID-19" To Be Insufficient Grounds For WFH Accommodation

Filion Wakely Thorup Angeletti LLP

In Ottawa Catholic School Board v. Ontario Public Service Employees Union, Local 423, 2023 CanLII 33027 (ON LA), Arbitrator Parmar determined that an employer (the "School Board")...

CanadaLitigation, Mediation & Arbitration

Hossein Moghtaderi

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In Ottawa Catholic School Board v. Ontario Public Service Employees Union, Local 423, 2023 CanLII 33027 (ON LA), Arbitrator Parmar determined that an employer (the "School Board") did not contravene the Ontario Human Rights Code (the "Code") when it refused to grant an older employee's request to work from home based on an "age-related risk to COVID-19." The Arbitrator dismissed the Union's grievance on a preliminary basis after finding that the Union did not establish a prima facie case of discrimination based on an agreed statement of facts.

Background

The Grievor was a long-term employee of the School Board and worked as a Second Language Instructor. She was 71 years old when the grievance was filed.

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Arbitrator Finds "Age-Related Risk To COVID-19" To Be Insufficient Grounds For WFH Accommodation

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