| THE
ISSUES: | Some
of the questions addressed: - What
workable accommodative options are available when there remain insufficient duties/tasks
in the employee's former job that the disabled employee can still perform? Temporary/permanent
alternative work? Job restructuring/transfers? Partial sick leave?
- Will
a demotion or transfer to a lower paying job pass muster as an accommodation measure?
What about reducing full-time status to part-time status?
- In
what circumstances will a transfer out of the bargaining unit satisfy the duty
to accommodate? If transferred, can the employee retain his or her bargaining
unit rights?
- How
are human rights tribunals and arbitrators reconciling the duty to accommodate
with the collective agreement's seniority provisions? Job posting requirements?
- What
resources are available to help employers and unions manage disabilities in the
workplace? What policies and practices are part of a pro-active approach to accommodation?
(Inclusive design, accessibility review plans, health risk assessments, ergonomic
programs/training)
- Looking
ahead: how will the Supreme Court of Canada's decision in Martin impact
the accommodation of chronic illness? Could employers be obligated to accommodate
employees suffering the effects of chronic overwork/burnout? Or stress caused
by disciplinary action?
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