What are the obligations and boundaries of an employer and an employee in the accommodation process?
Ontario, Canada
The following excerpt is from Nason v Thunder Bay Orthopaedic Inc., 2015 ONSC 8097 (CanLII):
The Ontario Human Rights tribunal commented on the respective obligations and boundaries of employees and employers in the accommodation process. In accommodating the needs of an employee, the employee must cooperate in the facilitation of such accommodation by providing the required information to the employer on which the latter can attempt to create a solution and participate meaningfully in the accommodation dialogue. Assuming the employee actually wants to return to work and that the employer wants to assist the employee back to work, the employee must communicate the ability, not just the desire, to return to work. The needs are what is required to be accommodated – what issues relating to the employee’s disabilities need to be dealt with to allow that person to successfully perform the essential duties of the job. Jeffrey v. Dofasco Inc. [2004] O.H.R.T.D. No. 5 at paragraphs 183 and 184.
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