Application dismissed; employee failed to participate in reasonable graduated return to work accommodation.
The applicant alleged that his employer discriminated against him on the basis of disability by terminating his employment.
After a period of medical leave, the employer proposed a graduated return to work based on an independent medical assessment.
The applicant refused to return to work, insisting he needed to be one hundred percent recovered.
The Tribunal dismissed the application, finding that the employer had proposed a reasonable accommodation and that the applicant had breached his duty to facilitate the accommodation process by refusing to participate.
John Dunlop v. Alter Moneta Corporation, 2010 HRTO 651
