What constitutes undue hardship for an employee who is injured in a workplace accident?
British Columbia, Canada
The following excerpt is from Comeau v. Cote and Murphy Pipeline Inc., 2003 BCHRT 32 (CanLII):
Factors that are relevant in assessing what amounts to undue hardship include financial cost, disruption of a collective agreement, problems of morale of other employees, interchangeability of work force and facilities. Where safety is at issue, both the magnitude of the risk and the identity of those who bear it are relevant considerations. (Central Alberta Dairy Pool v. Alberta (Human Rights Commission) (1990), 72. D.L.R. (4th) 417 (S.C.C.) at 439)
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