The better way to managing disability

A proactive approach to accommodation can help an employer be better prepared and positively affect the bottom line
By Michael Fitzgibbon
|Canadian Employment Law Today

Proactively managing disability, which has as its cornerstone the duty to accommodate, can significantly manage costs and positively influence the bottom line while treating employees fairly. Unfortunately, because of the emergence of a patchwork of cases and principles, the scope of the duty to accommodate has become a nebulous and misunderstood subject. Often, HR departments adopt a defensive rather than proactive strategy when managing absences, thus adding cost to the corporation.

Fortunately, the Supreme Court of Canada has recently clarified the duty to accommodate and the role of the workplace parties in the return to work process.