Magee v. Treasury Board (Correctional Service of Canada)
2016 PSLREB 1
- Before: David Olsen
- Decision Rendered: 2016-01-06
- Original Language: English
Labour relations – Disability – Duty to accommodate – Hybrid position – Promotional position – Undue hardship – Harassment
The grievor was a correctional officer in a CX-02 group and level position – due to limitations arising from a work-related injury, he could no longer restrain inmates and was therefore not to have any contact with them – the grievor was ultimately accommodated in a WP-03 group and level position, the salary range of which was lower than that of his CX-02 position – he alleged that preferable accommodation options were available that would minimize the impact on his employment income, which were appointing him either to a hybrid CX-02 position without any inmate contact or to an AS-05 group and level position – the employer established that the proposed hybrid position would be stripped of a CX-02 position’s essential duties and would not be useful or productive – it would also create a significant safety and security concern – the duty to accommodate does not go so far as to require an employer to permanently change the essential or core duties of a position or to permanently assign those duties to other employees – modifying the grievor’s job by creating a hybrid position would cause undue hardship to the employer – appointing him to an AS-05 position would constitute a promotion – the duty to accommodate does not require the employer to promote an individual to a higher-level position – the grievor also complained about comments two employer managers had allegedly made – it was not established that one of the managers made the alleged comments – the other manager’s statements were not found discriminatory or to have constituted harassment.