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AUDIO CONFERENCE
Accommodation Measures and Options
 
FACILITATORS:
Matthew Certosimo Employer Counsel
Borden Ladner Gervais
  

Anne Gregory

Union Counsel
UFCW
  
THE EXPERTS:

David Chondon

Employer Counsel
Crawford Chondon & Andree
   
Jeanne Meyers Union Counsel
McGrady Baugh & Whyte
  
 
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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