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The Hydro-Quebec Case: An Important Update On The Duty To Accommodate

Labour, Employment and Human Rights Law Bulletin
July 2008


On July 17, 2008, the Supreme Court of Canada issued an important ruling on the employer’s duty to accommodate employees who suffer from a handicap or disability within the meaning of the Quebec Charter of Human Rights and Freedoms (the “Charter”) and similar human rights legislation. The ruling in Hydro- Québec v. Syndicat des employés de techniques professionnelles et de bureaux d’Hydro-Québec, section locale 2000 (SCFP-FTQ) (the “Union”) effectively puts an end to a dispute arising out of the dismissal for innocent absenteeism of an employee with a variety of health problems and a long pattern of absenteeism.
 
© Fasken Martineau DuMoulin S.E.N.C.R.L., s.r.l.