depression

"Getting Frustration of Contract Right - What Happens if a Worker Fails to Provide Medical Documentation to Support Their Ability To Work" Canadian Human Rights Reporter

The employee needs to communicate more than a desire to return to work. The employee must demonstrate ability to return to work to trigger the duty to accommodate. The court found that the employer was correct to treat the relationship as being frustrated, when the employee did not supply twice requested medical information. 

Supreme Court Rules on Undue Hardship

Summary of the Hydro-Quebéc case. The goal of accommodation is to ensure employee who is capable of working can without undue hardship to the employer. The employer is not obliged to change the conditions of work in a fundamental way. Where the employee has had extensive absenteeism and is unlikely that the employee can not return to work without continued absentee issues constitutes undue hardship.