days until our Collective Agreement expires, we are preparing, we are united and we will make change.

As A Matter Of Fact – Tip Of The Week – Duty to Accommodate

It is long settled law that employers bear the primary onus in the duty to accommodate. This is primarily because they manage and control the workplace, and they have the legal capacity to make many of the necessary decisions to ensure the success of an accommodation request. However, unions and employees also bear duties and responsibilities as well, as the Supreme Court of Canada established in its 1992 judgement, Central Okanagan School District No. 23 v. Renaud [1992] 2 S.C.R. 970. Unions generally have a responsibility to reasonably facilitate the accommodations process. Employees have a responsibility to self-accommodate.

Put simply, there are three actors in a scenario in which accommodation is being sought: the employer, the union, and the employee. Although the employer and the union have their own roles to play, it is important that employees understand what responsibilities they have in facilitating their own accommodation requests.

Accommodation can often be very individual and fact-specific, and the Union is here for you to help you understand the process. If you are seeking or have sought accommodation and are wondering what your responsibilities might be, or if you are curious about recommendations for best practices, please reach out to your Union Local for guidance.

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