Alberta lawyers Donald J. Wilson, Jonathan Cummings and Wendy-Anne Berkenbosch, of Davis LLP prepared/presented a paper on “How Far is Too Far?” Termination and Accommodation of Disabled Employees" for the CBA Pensions and Labour Joint Subsection Meeting on October 27, 2008.

The paper addresses the following topics:

• The Prima Facie Discrimination Threshold;
• The Employer's Duty to Accommodate;
• The employee's Duty to Assist in the Accommodation Process;
• The Union's Duty in the Accommodation Process;
• Specific Examples of the Duty to Accommodate:
  • Absenteeism;
  • Modified Duties, Bundling Work and Creating New Positions; and
• Frustration of Contract.