Arbitration awards - Duty to Accommodate

BCGEU and Northern Lights College - 981 (April 3, 2009)
The worker argued the employer discriminated against her on the basis of disability by refusing to allow her to return to work and by failing to accommodate her during the graduated return to work program. The arbitrator reviewed the evidence and concluded the employer didn't end her return to work trial arbitrarily and the employer did accommodate her. Further, the employer had grounds to ask the member for an independent medical and the member by refusing to agree to the assessment didn't comply with her duty to accommodate obligations. There was no finding of discrimination and the grievance was dismissed.

Government of BC and BCGEU - June 11, 2008 #968

The member was not placed in a position through the job search process administered by the Rehab Committee. The employer refused to extend the period of job search and terminated the member's employment. The union argued that the Human Rights Code applies to the placement process and the employer's efforts to place the member did not satisfy the duty to accommodate short of undue hardship.

The Arbitrator found that the employer did have a duty to accommodate the member while she was before the Rehab Committee. The grievance failed because the member did not co-operate with her obligation to facilitate the accommodation process. The member's conduct became a relevant factor because it impaired the placement/accommodation process in two ways: the member refused to respond to the employer's requests for updated medical information (and a refusal to agree to an independent medical review) and did not provide information to support a broader skill set. The member's lack of cooperation in response to reasonable requests made of her during the placement process relieved the employer of any duty to pursue additional accommodation measures.