Can the respondent find alternative roles to accommodate the complainant?

Alberta, Canada


The following excerpt is from Ryabykin v Schlumberger Canada Limited, 2021 AHRC 200 (CanLII):

Possibly, the respondent could have found other alternative roles to accommodate the complainant as suggested by the complainant; however, accommodation does not have to be perfect or the complainant’s preferred accommodation. Accommodation must be reasonable given the specific circumstances. As set out in Callan v. Suncor Inc.:[3] There is no duty of instant or perfect accommodation, only reasonable accommodation. The reasonableness of the employer’s accommodation must be evaluated considering the knowledge of the employer, together with the cost, complexity and expense of any physical accommodation required and other similar factors. The test is not subjective and the employee is not entitled to dictate the accommodation he or she will accept.

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