Perron v. Revera Long Term Care Inc., 2014 HRTO 766 (CanLII)

A Personal Support Worker was placed on an unpaid leave of absence as her disability prevented her from performing the essential duties of her position. Her Application was dismissed. The Tribunal determined that an employer does not have an obligation to create a new position, fundamentally change the working conditions, assign the essential duties of an employee with a disability to other employees or hire another employee to perform them in the employee’s place.  An employer is also not required to change the essential duties and requirements of a position so than an employee can meet them.