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Successful defence of an employee’s grievance alleging he had not been properly accommodated by the employer

Fasken
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Overview

Client

Confidential Client

Fasken Martineau advised an employer throughout an arbitration involving an employee, who alleged that he had not been properly accommodated in the workplace while experiencing a medical issue. The employer argued that the employee failed to provide necessary information regarding his medical condition, and therefore the employer could not provide accommodation. The arbitrator concluded that the employee failed to prove a disability that would require accommodation. He found that the employee refused to give sufficient medical information and, moreover, the employee actively tried to mislead the employer as to his medical condition. The Fasken Martineau team was led by Kevin O’Neill, Q.C. and included Monique Orieux.