Duty to accommodate stops if no recovery in sight: Arbitrator

Nurse’s back-to-work program halted after setback with no timetable for return; nurse placed on unpaid leave
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/03/2012

An Ontario hospital made sufficient efforts to accommodate an injured nurse before it placed her on unpaid leave, an arbitrator has ruled.

Susan Shrubsole was a registered nurse at North York General Hospital in Toronto. In February 2011, Shrubsole suffered a back injury and had to take three months off work. She returned to work in May under a work hardening program that intended to ease her back into her duties over nine weeks until she was able to perform them full-time.

Work program reset after second injury