Is Procedural Breach Actionable
The issue has arisen as to whether a failure to meet the procedural component of the test is actionable in itself, even where the substantive aspect of the allegation may…
Substantive
The obligation upon the employer is reasonable accommodation, which may or may not result in full accommodation. When reasonable steps are taken, and does not reach the complete end requested…
Procedural
The employer clearly has an obligation to make inquiries as to the employee’s medical restrictions. The employer must make a “meaningful inquiry” before acting to terminate based on a medical…
General Rules
The duty to accommodate finds its origin as rebuttal defence to a prima facie case. If no such case is presented, no duty to accommodate arises. The Supreme Court determined…
Duty to Accommodate
Accommodation is the bedrock of the human rights regime. Its purpose is to “ensure that an employee who is able to work can do so” and that “persons who are…