Posted: Fri Jul 18, 2008 10:02 am Post subject: New limits on firms' duty to ill employees
The employee who is incapable of doing the job on account of disability has long been a bone of contention in labour relations. Employers want to dump them; unions want them to hang on them.
Not sure that it does much to help the issue of "undue hardship" in general terms to any great degree.
New limits on firms' duty to ill employees
The Supreme Court of Canada placed new limits on the duty of employers to accommodate sick employees in a ruling yesterday that found Hydro-Québec was justified in firing a mentally ill woman who missed almost 1,000 days of work in the seven years before she was dismissed.
"The employer's duty to accommodate ends where the employee is no longer able to fulfill the basic obligations associated with the employment relationship for the foreseeable future," Justice Marie Deschamps wrote in the unanimous 8-0 ruling.
The ruling helps clarify human rights laws, which require employers to accommodate employees who face discrimination on grounds such as race, sex, age and disability, unless the accommodation causes "undue hardship" - a test that has caused much confusion in Canadian courts.
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