What is the test for denying a grievor's entitlement to exercise his seniority rights on the basis of safety and risk factors?
Ontario, Canada
The following excerpt is from Certainteed Insulation Canada v Unifor Local 80-O, 2015 CanLII 69409 (ON LA):
51. Given the evidence, Unifor submitted that the decision to deny the grievor the opportunity to work was fundamentally driven by safety concerns and the risk of injury. Relying on the decision in U.F.C.W., Local 175 v. Cargill Canada, 2008 CarswellOnt 8480, 176 L.A.C. (4th) 306 (Jesin) (“Cargill”), the Union argued that two conditions were required to be met if the grievor’s entitlement to exercise his seniority rights was to be denied on those grounds: (1) medical evidence must establish that assigning that work to the grievor would result in a significantly greater risk of injury to him or to others than if the work were assigned to an employee with no disability; and (2) the Employer must demonstrate that it could not accommodate the grievor in a way that would avoid that risk without suffering undue hardship.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors will be considered in exercising the right to receive fresh evidence at trial? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
What is the burden of persuasion required for an appellant to persuade a court that her Charter rights or freedoms have been denied or denied? (Ontario, Canada)
How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
What is the test for a lessor to exercise the full extent of his right to terminate a lease? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
What is the test for admitting or denying a grievor's evidence at a grievance arbitration? (Ontario, Canada)
Can an accused waive his or her rights under s. 11(b) of the Canadian Human Rights Code? (Ontario, Canada)
Is a mother entitled to spousal support on both a compensatory and non-compensatory basis? (Ontario, Canada)
