Employer failed to accommodate disabled Fire Prevention Officer by refusing to modify duties without proving undue hardship.
The applicant, a Fire Prevention Officer, suffered a workplace injury resulting in chronic pain syndrome.
He sought to return to his pre-injury position with accommodations, specifically the removal of the investigation duties, or to be placed in a dispatcher position.
The respondent employer refused, relying on outdated WSIB medical restrictions and arguing that removing the investigation duties would alter the fundamental nature of the position and cause undue hardship.
The Tribunal found that the employer failed to consider more recent functional abilities evaluations and medical evidence which indicated the applicant could perform the inspection and public education duties.
The Tribunal concluded that the employer failed to establish that accommodating the applicant by removing the investigation duties or placing him in the dispatcher position would impose undue hardship.
The application was allowed on the issue of liability, with remedy deferred.
Marcel Backs v. Corporation of the City of Ottawa, 2011 HRTO 959
