Canadian Employment Law Today

Canadian Employment Law Today | 3 Canadian HR Reporter, a Thomson Reuters business 2018 Cases and Trends Suitable employment, accommodation not necessarily the same thing: Court Injury compensation scheme and charter of human rights have similar goals but aren't exclusive BY JEFFREY R. SMITH A QUEBEC worker who was injured at work has won his appeal arguing that his right to disability accommodation is not superseded by the province's workplace in- jury compensation scheme. Alain Caron was a special educator at Centre Miriam, a centre for people with in- tellectual disabilities in Mont-Royal, Que. On Oct. 20, 2004, Caron injured his left elbow while working. He developed lateral epicondylitis, or tennis elbow. Due to his limitations, Centre Miriam assigned him temporarily to be the team leader of the night shift, helping with paperwork and providing training and support to night shift employees who transferred patients with intellectual or development disabili- ties from a local hospital to specialized residences suited to their needs. In 2007, Centre Miriam's role in trans- ferring patients ended and Caron's respon- sibilities on the night shift ended. However, he was unable to return to his pre-injury job and Centre Miriam determined it no longer had suitable employment for him. Quebec's workers' compensation body at the time, the Commission de la sante et de la securite du travail (CSST), told Caron that since there was no suitable employ- ment for him at Centre Miriam, it would look for rehabilitation and retraining op- tions. Caron felt it was too early for that and Centre Miriam should do more to accom- modate him under the Quebec Charter of Rights and Freedoms. He argued that Cen- tre Miriam could accommodate him with suitable employment in his pre-injury posi- tion as an educator with modifi cations, or the team leader position he held during his temporary night shift assignment. e CSST determined the duty to ac- commodate under the Quebec charter didn't apply to the province's Act Respect- ing Industrial Accidents and Occupational Diseases — the authority for the province's workplace injury compensation. After an appeal, the Commission des lesions profes- sionnelles (CLP) agreed, ruling the statuto- ry benefi ts from Quebec's injury compen- sation scheme met the employer's duty to accommodate. Once an employee received benefi ts or was accepted for retraining, there was no further need to accommo- date, said the CLP. Caron took his case to the Quebec Supe- rior Court, which disagreed with the earlier fi ndings. e court found the employer's duty to accommodate under the charter should be factored into the question of suit- COMMON GROUND on page 9 » 2013 RANKED sherrardkuzz.com | 416.603.0700 | 24 Hour 416.420.0738 250 Yonge St #3300, Toronto, ON M5B 2L7 | @sherrardkuzz Your workplace experts. If you're an employer, we're the only call you need to make. 24 HOUR 416.420.0738 At Sherrard Kuzz LLP we collaborate with our clients to anticipate and avoid human resources problems. We know proactive steps today will prevent Murphy's Law tomorrow. From human rights to health and safety, and everything in between… Employment Law Labour Law experts.

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