Jana Atkins

The grievor, a Court and Client Representative, suffered a non-work-related concussion and was off work for over two years.

Upon her return, the parties agreed to a graduated return-to-work plan.

When the grievor struggled to progress with new duties, the employer paused her hour increases and requested an Independent Medical Examination (IME).

The grievor resisted the IME for several months.

The arbitrator dismissed the grievance, finding that the employer acted in good faith, provided extensive support, and was justified in requiring the IME to understand the grievor's medical restrictions and prognosis.

The employer fully satisfied its duty to accommodate.