| THE
ISSUES: | Some
of the questions addressed: - To
what extent must employees cooperate with their employers on their return to work?
Can employees insist on returning to their original job? What if the job has been
filled? What are the important elements of a reasonable alternative position?
The same rate of pay? Status? Core job functions? Location?
- In
what circumstances have arbitrators and tribunals found return-to-work conditions
to be discriminatory? What steps must be taken to ensure that return-to-work conditions
will satisfy the duty to accommodate?
- What
is the union's role in helping an employee return to work? How can unions balance
the rights of the returning employee with the interests of other employees? How
should unions approach seniority rights? Job posting requirements?
- Rehabilitation:
what are the employee's obligations? Can employees refuse treatment without losing
compensation benefits, or becoming subject to discipline? What are valid and effective
methods for employers to monitor rehabilitation?
- What
medical information can employees be required to provide to their employer? To
the union? To the workers' compensation board? What limits can be asserted by
employees and their unions?
- What
practical steps can employers take to ensure that employees who fail to comply
with return-to-work conditions can be disciplined, where appropriate, without
engaging in discrimination?
- When
are an employer's return-to-work obligations exhausted? Under workers' compensation
legislation? Under human rights legislation?
|