Labatt had no duty to accommodate ‘slow learner’ who damaged company equipment

A company has a duty to accommodate a worker with a disability, but not if he has wilfully damaged its equipment in the past and may do so again in the future
|Canadian Employment Law Today

A company has a duty to accommodate a worker with a disability, but not if he has wilfully damaged its equipment in the past and may do so again in the future, an Alberta court has ruled.

Ed Jeroski was a semi-skilled worker who had been with the Labatt Brewing Company in Edmonton for 19 years when he was terminated in June 2003.

The company said Jeroski was terminated for dishonesty, disregarding safety rules and wilfully damaging company property. Jeroski admitted he’d twice broken an air pressure gauge in the plant, jammed bottle caps into stop buttons on the equipment and had taken bulbs out of the emergency stop light and smashed them.