Proposed Accommodation Crosses Undue Hardship Limit

|Canadian Labour Reporter|Last Updated: 02/06/2011

After 16 years of employment that included 696 absences due to illness or injury and 18 modified work programs, a hospital worker was told by her employer that it could no longer continue to make the accommodations that were necessary to render her job as a porter sustainable.

G.S. began as a part-time housekeeping aide at the hospital in 1992. Some 10 months after starting at the hospital, G.S. reported a work-related musculoskeletal injury that caused her to take time off. She reported another injury in 1995 and was absent from work for lengthy periods of time due to severe back pain between 1996 and 1999.

Diagnosed in 1999 with degenerative disc disease, G.S. cycled through periods of convalescence and return to work followed by re-injury.