LEEL 369 Lecture Notes - Lecture 2: Quebec Superior Court, Reasonable Accommodation, Fide
4 Aug 2019
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Quebec charter s 20: main section that frames the duty of reasonable accommodation. *it"s surprising that lebel adopt an individual approach. Ms. brady has a nervous breakdown, tries to come back to work, but she gets sent home for not being organized etc. The ca allowed for a leave of no more than 36 months. It"s a generous agreement, well above the employment standards. The ca may establish in advance the scope of duty to accommodate. Deschamps (para 17): employee benefits can"t be invoked as a substitute for the duty to accommodate. Here, the hospital is not saying that it is a substitute. Arbitrator sexton: says duty has been met. Meiorin: basic case, firefighter physical fitness requirements: the safety reasons are valid, but they have a differential impact on women and men. Deschamps says that the negotiated accommodations are a factor to consider in assessing the duty of reasonable accommodation.
