Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ) – Supreme Court of Canada – July 17, 2008

The test for undue hardship is not total unfitness for work in the foreseeable future, but rather where a disability excessively hampers the proper operation of the business or where the disability prohibits the employee from returning to work in the reasonably foreseeable future even though the employer has tried to accommodate the employee.

The recent decision of the Supreme Court of Canada on July 17, 2008 in Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ) [2008] S.C.J. No. 44 (“Hydro-Québec”) clarifies the test of undue hardship in an employer’s duty to accommodate a disabled employee. The Court stated that the test for undue hardship is not total unfitness for work in the foreseeable future, but rather where a disability excessively hampers the proper operation of the business or where the disability prohibits the employee from returning to work in the reasonably foreseeable future even though the employer has tried to accommodate the employee. read more »

British Columbia (Public Service Agency) v. British Columbia Government and Service Employee’s Union – British Columbia Court of Appeal – September 18, 2008

An employer is permitted to terminate a disabled employee provided the employee’s disability played no part in the employer’s decision to terminate. read more »

Dragone v. Riva Plumbing Ltd. – Ontario Superior Court of Justice – September 26, 2007

Employers must continue to provide an employee on disability with insurance benefits unless the employee has clearly and unequivocally resigned from their employment, the employee’s employment contract has been frustrated, or the employer provided the employee with reasonable notice that the insurance benefits would not be continued. read more »