Caron: The Supreme Court Reiterates The Employee's Duty To Accommodate

On February 1, 2018, the Supreme Court of Canada released a much anticipated labour law decision pertaining to the employers' duty of reasonable accommodation when an employee suffers an employment injury. In CNESST v. Caron, 2018 SCC 3, the Supreme Court of Canada upheld the decision of the Quebec Court of Appeal, reiterated that an employer has a duty to accommodate a worker who has suffered an employment injury, and confirmed that the Commission des normes, de l'équité, de la santé et de la sécurité du travail (the "CNESST") and the Administrative Labour Tribunal (the "ALT") have a duty to determine whether a worker has been validly accommodated by the employer.

This decision will definitely have a significant impact on the rehabilitation process and on determination by the principal actors, the CNESST and the ALT, of what constitutes suitable employment.

1. FACTS

   In 2004, the worker developed epicondylitis while working as an educator in a residential facility. The employment injury had consolidated by 2006, leaving permanent impairment and functional limitations that prevented him from resuming his pre-injury employment.

   It is important to note that throughout that period, the worker held the position of team leader, with light duties.

   In 2010, as part of the rehabilitation process provided for in the Act respecting industrial accidents and occupational diseases (the "IAODA" or the "Act") and the determination of the worker's ability to return to work, the employer informed the Commission de la santé et de la sécurité du travail (the "CSST", now replaced by the CNESST) that no suitable employment was available for the worker and terminated his employment. The CSST therefore informed the worker that the rehabilitation process would proceed, but his vocational potential would be evaluated elsewhere in the labour market.

   The worker contested the CSST's decision, alleging that the employer had not met the duty of reasonable accommodation imposed on it by the Charter of Human Rights and Freedoms (the "Charter"). Because of his employment injury, the worker, who had a disability, argued that the employer was required to make every effort to promote his return to work, but without imposing undue hardship on the employer.

2. JUDICIAL HISTORY

   1. Commission des lésions professionnelles

      In 2012, the Commission des lésions professionnelles (the "CLP") rejected the worker's arguments. It was of the opinion that the consistent decisions of the Court of...