Returnee status violates duty to accommodate

What the grievor returned to work after an injury, she required accommodation under a Functional Capabilities Evaluation. As she was working fewer hours per week than the full-time threshold, the employer reclassified her as part-time with a lower salary. This was consistent with the collective agreement, the arbitrator ruled, but violated her rights.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 09/02/2011

Following a return to work after a work-related injury, a Postmaster grieved the employer’s proposed workplace accommodations, which included reduced hours, a lesser wage and part-time status. The union charged that the employer was failing in its duty to accommodate.

A.R. began working for the post office in 1981. She worked as a Postmaster in a number of locations before taking a new post in 2004.

A.R. sustained a workplace injury in January 2006. However, she continued working until May 2006 when she filed a claim with the provincial compensation board.