We often discuss the duty to accommodate in the context of human rights, and we all know that the duty extends “to the point of undue hardship”. But as another year comes to an end, it is clear that there is still a lot of confusion when it comes to what this means in practice.
For workplace accidents occurring on or after September 1, 2018, non-exempt employers have an obligation under section 88.1 of the Alberta Workers’ Compensation Act (the “WCBAct”) to accommodate and reinstate most workers injured in a work-related accident to their pre-accident position or a comparable position with the same earnings.
Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on “frustration of employment.”