Katz et al v Clarke

“Desire to Work” is not enough: Appellate court upholds dismissal for frustration of contract

September 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate will only be triggered when the employee provides the employer with evidence of his or her ability to return to work, including any disability-related needs or restrictions.

disability accommodation, duty to accommodate an employee with a disability, employment law, frustration of contract, intention to return to work, Katz et al v Clarke