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functional limitations

What’s reasonable when assessing an employee’s fitness to return to work?

When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required…


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Knowledge of disability triggers employer’s duty to accommodate

A recent Ontario Human Rights Tribunal case offers a clear message to employees: you have to make your employer aware of a disability if you want to trigger the employer’s duty to accommodate.


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