Active members

September 18, 2013
The dignity of risk refers to the right of an individual to assume a higher risk to themselves than might normally be considered acceptable in a workplace. This concept extends only as far as it does not cause serious risk to co-workers or the general public. As well, it must be reasonable. Thus, types of risk legally tolerated at the workplace or within society as a whole will also be considered. In some cases, higher risk might result in increased liability for the employer and, thus, higher costs. In these cases, the ability to assume risk would also be limited.
September 18, 2013
Return to work (RTW) programs are meant to help with a worker’s return to their pre-leave employment, when the worker is ready to return to work and with an appropriate transition period. Return to work programs are subject to the same general principles as for any accommodation, since a return to work program is really a specific type of accommodation program.
September 18, 2013
If you are denied accommodation or it is being unreasonable delayed, you may file a grievance. The grievance can be based on specific or general “No Discrimination” language in the collective agreement. A grievance can also refer to the human rights legislation that applies to your workplace.
September 18, 2013
In many situations involving disability, the employer may request medical information to assess what suitable accommodation measures are required. In other situations, medical information is unnecessary since the accommodation may be obvious.   In cases where medical information is necessary to support a request for accommodation, here are some important points to remember:  
September 18, 2013
The worker requiring accommodation has the following responsibilities: to identify and communicate the need for accommodation, if possible; to inform the employer of any changes to the accommodation needs; to collaborate with the employer and the union to find the most appropriate accommodation, if possible; to communicate with the Union and the employer;
September 18, 2013
The responsibilities of the employer include: to proactively “build conceptions of equality into workplace standards”; to design workplace requirements and standards so that, from the outset, they do not discriminate;
September 18, 2013
The responsibilities of the union representative include: to insist that the employer fulfills its duty to design workplace requirements and standards so that, from the outset, they do not discriminate; to model a problem-solving approach to accommodation; to represent the needs of the worker for accommodation; to collaborate with the worker and the employer in accommodating the worker; to respond to employer accommodation proposals;
September 18, 2013
Co-workers need to understand what the duty to accommodate is and why it is valuable for the whole workplace. It is not helpful if other workers feel that a co-worker is receiving “special treatment”. The duty to accommodate must be approached in a problem-solving way , involving everyone who will be affected, at least through education. But it is important to remember that others may not be entitled to know about specific workers’ disabilities due to confidentiality and privacy issues.
September 18, 2013
It is important in identifying BFORs to differentiate between tasks or skills that appear to be essential, as opposed to those that are essential.

Pages

Audience