Suitable Employment and the Duty to Accommodate: the Superior Court Turns the Case Law on its Ear
On June 5, 2014, the Quebec Superior Court, sitting in judicial review of a decision of the Commission des lésions professionnelles (the “CLP”) caused considerable consternation regarding the interpretation of the Act Respecting Industrial Accidents and Occupational Diseases (the “Act”) by concluding that an employer, despite having contributed to a comprehensive regime for rehabilitating a worker following an industrial accident, must also fulfill the duty to accommodate under Quebec’s Charter of Human Rights and Freedoms (the “Charter”).