Innocent absenteeism termination provision doesn’t override duty to accommodate

Collective agreement provision allowing termination after 2 years of absence due to injury didn’t release employer from duty to accommodate

An Ontario municipality’s termination of an employee after he was off work from an injury for two years was permitted under the collective agreement but still was a failure to meet its duty to accommodate, an arbitrator has ruled.

To read the full story, login below.

Not a subscriber?

Start your subscription today!