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Queen's University
 

J.B. v Fraser Milner Casgrain

An employee of Fraser Milner Casgrain began to develop dizziness, headaches, breathing difficulties and rashes at work. Her doctors were not able to diagnose her with certainty; her symptoms indicated that she might have migraines, asthma or epilepsy. The employer commissioned an occupational specialist to do an assessment of her working space. Based on this assessment, it offered to make modifications to the workplace to accommodate her symptoms. In the meantime, the employer changed floors. The employee refused to believe that the accommodation proposed by the occupational specialist would work in a new workplace and expressed her concerns to the employer. The latter then asked for up-to-date medical information which she refused to provide. According to the Alberta Court of Appeal, the employee was fired with just cause; the duty to accommodate was discharged at the moment she refused to cooperate.

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Kingston, Ontario, Canada. K7L 3N6. 613.533.2000