Frustration of contract, absenteeism, modified duties, bundling work, creating new position.
Discusses the inter-connectedness of the concepts of duty to accommodate, Bona Fide Occupational Requirement and undue hardship. She argues that the duty to accommodate is part of the test for BFOR, within the process of justification required which is linked to the concept of reasonable necessity in step three of the Meiorin test. Discusses that the implication of the duty to accommodate, as established in the Meiorin test, requires considering alternative standards to the employers standard being questioned, which challenges norms and has the potential to affect substantive change.
A critical examination of undue hardship standard for “non-mainstream” disabilities in employment law and labour law. Duty to accommodate does not require a fundamental change to the nature of the employment relationship. The applicability of human rights law in wrongful dismissal action and collective agreement grievance. A good summary of the basic principals of undue hardship.
Discusses leading principals of accommodation law. A review of the legal standard of accommodation and undue hardship. Reviews unions duties in the accommodation process and their potential liabilities. reviews Reviews case law on employees’ duty to participate in the accommodation process and under what grounds the employee can refuse the employer offered accommodation. reviews the duty to accommodate mental health and addiction disabilties and culpable vrs. non-culpable behavior. Brief discussion of perceived disability and drug testing. Reviews case law on employees privacy rights vs.
Duties and Responsibilities in the Accommodation Process. Reviews the parties duties in the accommodation process.
A look at Section 13 of the British Columbia Human Rights Code through the Rsh v BC HRTO case, covering the employer's duty to accommodate. Union involvement from the Richmond Firefighters Association represented bagining unit employees in the City of Richmond's Fire Department.
Summary of the Hydro-Quebéc case. The goal of accommodation is to ensure employee who is capable of working can without undue hardship to the employer. The employer is not obliged to change the conditions of work in a fundamental way. Where the employee has had extensive absenteeism and is unlikely that the employee can not return to work without continued absentee issues constitutes undue hardship.
The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith).