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Employer failed to accommodate asthmatic correctional officer to the point of undue hardship regarding second-hand smoke.
The grievor, a correctional officer with asthma, filed grievances alleging the Employer failed to accommodate his disability by exposing him to second-hand cigarette smoke at the Toronto East Detention Centre.
Despite the implementation of smoking policies, the grievor was frequently exposed to smoke due to poor enforcement and assignments that required him to enter inmate living areas.
The arbitrator found that the grievor's asthma constituted a handicap under the Human Rights Code and that the Employer failed to demonstrate it had accommodated him to the point of undue hardship.
The grievances were allowed, and the Employer was directed to renew accommodation efforts and compensate the grievor for lost time caused by smoke exposure.
No co-appearing lawyers found.
No judges found.
