In Regional Municipality of Waterloo (Sunnyside Home) v. Ontario Nurses’ Association, 2019 CanLII 433 (ON LA), the Ontario Labour Arbitration Board ruled that the employer, Sunnyside Home, had violated its procedural duty to accommodate by failing to make reasonable inquiries or consider steps that could be taken to accommodate the substance use disorder suffered by its employee, a Registered Nurse.
HR Foresight correctly predicted that Sunnyside Home had not fulfilled its duty to accommodate the employee’s disability based on the facts of the case, including:
The employer did not obtain relevant, necessary, and up-to-date medical evidence regarding the employee’s ability to perform the duties of the job.
The requested accommodation did not entail the presence of a serious health and safety risk, as verified by the College of Nurses of Ontario.
The employer did not offer or provide any modifications to the employee’s duties.
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