Disabled worker cannot safely be accommodated

The grievor, who had suffered a brain injury, had been placed in several different jobs. He was unable to perform any in a consistent and safe manner. The arbitrator found that the company had accommodated him to the point of undue hardship.

Brain-injured as a result of an off hours assault, a disabled worker on long-term disability was unable to work safely over the course of four separate attempts to accommodate him in four different jobs.

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