Accommodating employee who doesn’t make an effort

If an employee doesn't co-operate, can the employer walk away from the process?
By Stuart Rudner
|Canadian Employment Law Today|Last Updated: 01/09/2019

Question: If an employer believes an employee isn’t making a sufficient effort to help find an accommodation solution, what does the employer need to do before declaring accommodation isn’t feasible?

Answer: We work with clients all the time to address situations like this. For some reason, many employees are of the view that they can demand accommodation and then sit back, refusing to be part of the process or provide documentation while expecting accommodation. Sometimes, they refuse to disclose any information at all under the mistaken belief that their privacy rights will protect them.

As we often tell our clients, and anyone else that will listen, the accommodation process is meant to be an ongoing dialogue between the employer and the employee. If the employee is represented by a union, they will also be a part of the discussion. And in many cases, it will be most efficient to involve the employee’s medical professionals.