No discrimination if accommodation options frustrated: Arbitrator (Legal View)

B.C. worker unable to continue working despite 2 separate return-to-work plans
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 04/18/2016

A British Columbia employer had the right to dismiss an employee who was no longer able to work because of a disability, an arbitrator has ruled.

Sun-Rype Products is a manufacturer of juice and other products based on fruits and vegetables based in Kelowna, B.C. Since 2002, Sun-Rype’s collective agreement with its union included an article covering employee absences that stipulated any employee absent from work for 12 continuous months would be moved to the bottom of the seniority list and categorized as inactive. 

If the employee was able to return to work, she would be returned to her old spot on the seniority list and keep her position.