Employer met duty but not collective agreement: Arbitrator

Arbitrator finds collective agreement required a more timely response to accommodate
|Canadian Employment Law Today

An arbitrator has found an Ontario employer who took two years to implement recommended modified duties for an injured employee did not fail to accommodate but dragging its heels did violate the collective agreement.

Rose Stevens was a laboratory assistant for Canadian Blood Services (CBS) in Ottawa. In 1999 she began experiencing severe wrist pain and was diagnosed with carpal tunnel syndrome. The Workplace Safety and Insurance Board (WSIB) determined her condition was job-related and conducted an assessment of her job duties in the fall of 2000.

The WSIB completed a report on Oct. 19, 2000, saying the duties of Stevens’ position could aggravate her wrist injury and suggested changing the equipment, tools and work methods.