Aleksandra Pressey discussed Unifor, section locale 6001 c Bell Canada, a labour arbitration decision out of Quebec which highlights the importance of cooperation in the accommodation process. While employers have a duty to accommodate to the point of undue hardship, they also require sufficient medical information to assess what accommodations are reasonable.
See an excerpt below:
Bell Canada worker on medical leave dismissed after failing to provide requested info
‘There were follow-ups and clear warnings about the consequences of failing to co-operate,’ says lawyer looking at disability leave
“Employers are required to accommodate to the point of undue hardship, but they need sufficient information to properly do so – and the employee is entitled to accommodation that’s reasonable in the circumstances, not necessarily the perfect accommodation they would want.”
So says employment lawyer and workplace investigator Aleksandra Pressey of Williams HR Law in the Toronto area, after a federal adjudicator dismissed a worker’s complaint following his dismissal for failing to respond to repeated requests for medical information supporting his medical leave.