Report

Accommodation of Injured Workers in the Workplace

 
An employer’s duty to accommodate can be a confusing subject. When does the duty arise, what does the duty entail, how far does the employer have to go, what are the employee’s obligations, and does the duty ever end. While the employer’s duty to accommodate arises out of the concept of human rights and equality for individuals with disabilities, generally speaking, the multitude of human rights legislation schemes across Canada do not specifically mandate a duty to accommodate or assist in any way with the practical questions associated with the duty. Fortunately, the extent of the duty to accommodate and exceptions to the general rule have developed through the common law to the point where there is a reasonably well developed and consistent approach to the duty that assists in answering those troubling questions regarding the employer’s duty to accommodate.

Agenda

Faculty

Rob Armstrong

Jensen Shawa Solomon Duguid Hawkes LLP

  • Partner with Jensen Shawa Solomon Duguid Hawkes LLP
  • Practices extensively in the area of employment law on behalf of employers and employees
  • Articled with the Court of Queen’s Bench and Court of Appeal of Alberta
  • Instructor for the chambers advocacy portion of the CPLED Bar admission course and teaches civil procedure to second year law students and trial advocacy to third year law students at the University of Calgary, Faculty of Law
  • Prepared a number of papers for presentation on functional somatic syndromes in disability insurance litigation, legal causation, solicitor-client privilege and accommodation of injured workers in the workplace
  • Graduate, University of Calgary Faculty of Law

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