procedural duty to accommodate

The author reviews the inconsistent interpretation between jurisdictions of the procedural duty to accommodate and argues that the application in Ontario is a miss-interpretation of the law and leads to distorted results. 

Debriefs a case were the arbitrator found if there is a nexus between the disability (addiction) and the misconduct, the disability is a factor in the termination and the employer has a duty to accommodate the employee. Discusses case where it was held that the employer had a duty to inquire in respect to the employees change in behaviour.