Scrapped damages in Keays good news for employers

Supreme Court of Canada ruling in favour of Honda clarifies duty to accommodate and what constitutes bad faith
By Ronald S. Minken
|Canadian Employment Law Today

The Supreme Court of Canada’s decision in

Keays v. Honda Canada Inc.

was far from what many had expected, but it provides both employers and employees with an important clarification on the limits and expectations associated with an employer’s duty to accommodate a disabled employee. This duty requires the employer to conduct a thorough investigation of an employee’s disability. The employee may see this as an intrusion and refuse to abide by the employer’s requests, as was seen in the communication between Honda and Kevin Keays.