When an employee is reassigned for bona fide reasons, does an employer have to create a new position, reorganize the workplace or restructure existing jobs?
British Columbia, Canada
The following excerpt is from Russo v. Lions Gate Trailers and Vanderspek, 2006 BCHRT 18 (CanLII):
The respondents rely on the following from Quackenbush v. Purves Ritchie, 2004 BCHRT 10 (judicial review pending) to support their position: The Respondent, relying on recent labour arbitration cases, submits that the duty to accommodate does not require and (sic) employer to create a new position, reorganize the workplace, or restructure existing jobs… I agree with the Respondent’s submission. If an employee is reassigned for bona fide reasons, the Respondent does not have an obligation to create a new position, reorganize the workplace, or restructure existing jobs. However, where, as in this case, an employee can be accommodated in another position, the Respondent still has an obligation to explore all options, to the point of undue hardship, before they will satisfy their duty to accommodate.
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