Federal Court of Canada confirms limitations on the duty to accommodate in dispute between MTS Allstream and former employee

On January 18, 2011, the Federal Court of Canada published its reasons for judgment and judgment in a dispute between MTS Allstream and a former employee, Charles Tutty.

Mr. Tutty filed a complaint with the Canadian Human Rights Commission ("CHRC") alleging his employment was terminated in August of 2008 because of a disability and that MTS Allstream failed to accommodate him. The CHRC dismissed the complaint after an investigation. The CHRC decision was appealed to the Federal Court of Canada which convened a hearing on November 29, 2010. The Honourable Mr. Justice Barnes upheld the CHRC's decision that the employer had accommodated Mr. Tutty and further concluded that the duty to accommodate did not extend to continuing employment in the face of a genuine reorganization.

Employment litigation lawyer Gulu Punia of Fasken Martineau acted as counsel to MTS Allstream in these proceedings.