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RSS FeedsSupreme Court ruling affirms injured workers´ rights on the job
(The Star Golf)

 
 

19 february 2018 03:10:52

 
Supreme Court ruling affirms injured workers´ rights on the job
(The Star Golf)
 


Employers have a human rights obligation to reasonably accommodate injured employees after an accident, the Supreme Court has ruled in a decision that could have significant implications across the country — particularly for migrant and temporary agency workers.The case was fought by special needs educator Alain Caron after being told by his employer there was no suitable alternative work available after an injury prevented him from returning to his previous role.As a result, the Quebec compensation board said his rehabilitation would have to take place “elsewhere,” which for the board and Caron’s employer was the extent of their obligation under the law.But Caron successfully argued to the Supreme Court his employer could find him a job compatible with his elbow injury — and that it had a duty to do so under Quebec human rights legislation that requires employers to reasonably accommodate disabilities.The court’s decision could have significant implications on injured workers across Canada, setting a higher standard for the lengths employers must go to find a suitable role for injured employees after a workplace accident.Ontario employers already have a duty under the Ontario Human Rights Code to accommodate injured workers, but Maryth Yachnin, a lawyer with the Industrial Accident Victims’ Group of Ontario, says the ruling will still have an impact.“We expect that this is going to make a pretty significant difference in the WSIB’s day-to-day approach on return to work,” said Yachnin of Ontario’s Workplace Safety and Insurance Board. “It means they have to require employers to show that they attempted to meet (accommodation) obligations.”WSIB spokesperson Christine Arnott said the Human Rights Code was already “factored into our policies and decisions.”“We’re here to help people return to health and return to work,” she said. While all Ontario employers h ...


 
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