LAW 529 Chapter Notes - Chapter 29: The Employer, Collective Agreement, Absenteeism
8 Dec 2017
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If not, the employer determines whether the employee can perform the core aspects of the existing job in a modified or rebundled form. If not, the employer determined whether the employee can accomplish the duties of another job in its present form. If not, the employer determines whether the employee could perform another job in a modified or rebundled fashion. Innocent absenteeism- an employee"s absence for work due to reasons that are not blameworthy, such as illness, injury, or disability: absenteeism without permission is usually a breach of the employment contract by the employee. What is undue hardship: undue hardship- the legitimate defense that an employer may raise to justify why it could not provide an accommodation to an employee. If other employees oppose the accommodation because of a preference or the status quo or a discriminatory attitude, then the impact upon employee morale will not amount to a legitimate hardship.
