Can a grievors disability prevent him from working the afternoon shift?
Ontario, Canada
The following excerpt is from Ontario Public Service Employees Union (Butka) v Ontario (Liquor Control Board of Ontario), 2020 CanLII 32958 (ON GSB):
Union counsel submitted that the narrow issue is whether accommodating the grievors disability preventing him from working afternoon shifts would result in undue hardship to the employer. The employer has the onus of proving that it does. Citing Central Okanagan School District No. 23 v. Renaud, (“Renaud”) 1992 CanLII 81 (SCC), [1992] 2 S.C.R. 970 (S.C.C.), he submitted that while the employer does not have to show “impossibility” to discharge that onus, mere inconvenience is not sufficient either.
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