What constitutes undue hardship for an employee who works in an industrial unit?

British Columbia, Canada


The following excerpt is from Gardiner v. Ministry of Attorney General, 2003 BCHRT 41 (CanLII):

Factors that are relevant in any given employment case 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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