Does an employer have an obligation to engage in "active cooperation" with an employee with a disability?
Ontario, Canada
The following excerpt is from Toronto District School Board v Elementary Teachers’ Federation of Ontario, 2013 CanLII 67042 (ON LA):
87. Active cooperation includes communicating the ability to return to work, not simply the desire. That is, it is incumbent on an employee to ensure that the employer has appropriate information with respect to medical limitations and/or restrictions so as to enable the employer to understand how the disability affects the employee’s ability to perform their usual duties. The employer may then consider how those duties might be modified in light of those medical limitations and/or restrictions. See Jeffery v. Dofasco, supra, at paras. 183-184. However, that cooperation presupposes that the employee is aware of his or her obligation to provide appropriate information and the nature of the information that is required.
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