City of Winnipeg falls short on accommodation of injured worker

City offered worker modified duties but walked away from the table when he couldn’t attend training due to university obligations
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 11/26/2014

The City of Winnipeg didn’t try enough to accommodate an injured worker when the worker couldn’t attend training for a new position, an arbitrator has ruled.

Kyle Derbitsky was an instructor/guard in the City of Winnipeg’s Department of Community Services (Aquatics Branch), providing swimming lessons. He had worked for the city since 2009 with no performance issues and was also a student at the University of Winnipeg. Many other city workers in the aquatics department were university students as well.