Does an employer have to consult with an employee about an accommodation plan?
Canada (Federal), Canada
The following excerpt is from Lafrance v. Treasury Board (Statistics Canada), 2009 PSLRB 113 (CanLII):
74 The grievor’s representative referred to Lloyd v. Canada Revenue Agency, 2009 PSLRB 15 (CanLII), in which the adjudicator stipulated that it is up to the employer to provide an accommodation plan and that the lack of consultation with the employee about the plan unduly delayed the efforts and the implementation of the recommendations. The adjudicator in that case explained that, in cases dealing with issues of accommodation, there is a need to manage the situation in a consultative rather than an autocratic manner. The grievor’s representative submitted that the evidence indicated that no consultation about a real accommodation plan ever took place.
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