Worker’s dishonesty muddles duty to accommodate

Employer had evidence that should have quelled suspicions about worker’s injury, but employee didn’t help his case by exaggerating
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 11/12/2014

An Ontario company should have relied on medical information rather than surveillance of an employee off work with an injury, despite the employee being less than forthright with his status, an arbitrator has ruled.

Tony Dolce was employed as a boxer in the Ontario division of Natrel, a producer of milk based in Markham, Ont., owned by a co-operative of dairy farmers. Dolce’s job involved moving boxes on skids and wrapping them, which involved bending, kneeling and constantly being on his feet.