CNR stops accommodating man with MS

Read the facts of this case and decide for yourself: Was CNR justified in ending its accommodation of this worker?
|Canadian Employment Law Today

This instalment of “You Make the Call” looks at a case involving a Canadian National Railway (CNR) worker with multiple sclerosis and whether or not the employer accommodated the worker’s disability to the point of “undue hardship.”

For a number of years, CNR accommodated Todd Kilba of Kamloops, B.C., because of his disability. Because of his MS, Kilba was progressively forced to do less demanding tasks. By 2002 his work was essentially restricted to sedentary duties at the Kamloops administration building. Between 2002 and 2004, Kilba worked more and more hours from home, apparently using a computer provided for that purpose by CNR. Kilba also apparently suffered from fatigue which required him to take breaks from his work to rest. As a result, while it appeared he was able to complete the work assigned to him, he did so over a period of more than eight hours.

In July 2004 the company decided it could no longer accommodate him. CNR told him his accommodation would come to an end in 30 days and that he should explore the option of short-term and long-term disability benefits. Kilba did so reluctantly, but he maintained there was no deterioration in his condition which would justify the termination of the accommodation.