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Case Study #3 Final

S.W. Steaks has a legal duty to accommodate Elise's medical restrictions under the Ontario Human Rights Code, which requires adjustments to her work environment to support her recovery. Key individuals involved in her gradual return-to-work program include her supervisor Yvonne Trail, the HR manager, the Joint Health and Safety Committee, and her physician, each playing specific roles in monitoring and facilitating her transition. If Elise is unable to return to her regular duties, the employer must explore reasons for her reluctance and consider offering modified duties or other job opportunities while ensuring compliance with accommodation laws.

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7 views4 pages

Case Study #3 Final

S.W. Steaks has a legal duty to accommodate Elise's medical restrictions under the Ontario Human Rights Code, which requires adjustments to her work environment to support her recovery. Key individuals involved in her gradual return-to-work program include her supervisor Yvonne Trail, the HR manager, the Joint Health and Safety Committee, and her physician, each playing specific roles in monitoring and facilitating her transition. If Elise is unable to return to her regular duties, the employer must explore reasons for her reluctance and consider offering modified duties or other job opportunities while ensuring compliance with accommodation laws.

Uploaded by

bequest39
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MGMT-6088-(02)-24F

Group 4. Case Study #3

Professor - Carolina Andrade

Submitted by

Akbar Fateh Maqdoom -1032526


Mirbek Isamadyrov – 1181577

Question #1. Does S.W. Steaks have a “duty to accommodate” Elise’s restrictions? Explain your

answer in detail.

Yes, S.W Steaks has a legal duty to accommodate Elise’s medical restrictions under the Ontario

Human Rights Code, which protects the employees from discrimination at the workplace due to

disabilities or injuries. The duty to accommodate would mean that employers must adjust

working environment or tasks to allow the employee to do their job while working within their

restrictions, to the extent that it would not create a un necessary hardship for the company. In

Elise’s case doctor has suggested a gradual return-to-work program with certain limitations, such

as not lifting over 2 pounds and reduction in overall hours worked. The employer is expected to

accommodate such needs by aligning her work duties to ensure the work can be performed

comfortably by Elise in recovery from her illness. Failing to do so will be a violation of the law.

Accordingly, S.W. Steaks is obligated to make changes in respect of Elise’s job responsibilities

and work schedule in order to provide a workplace that is safe and compliant with the law

(Palmer, 2022, p. 156).

Question #2. Explain in detail “who” needs to be involved in Elise’s gradual return-to-work

program (names and/or job titles) and explain the role each individual will play.

Supervising Role (Yvonne Trail): The changes of the tasks for the Elise will have to be

accommodated by Yvonne in order to follow restrictions for lifting and anything prescribed by

doctor, assigning lighter duties for her. She will also need to make sure that Elise does not over

tire herself transitioning back into full-time work.


HR Manager Role: HR manager will be responsible for monitoring gradual return-to-work

process of Elise to ensure that it is within company’s policies and legal guidelines. HR manager

is the once who is expected to be communication channel between Elise and her supervisor, as

well as the healthcare providers with respect to her recovery process.

Joint Health and Safety Committee (JHSC): A committee such as this will have to investigate the

incident in the freezer, or any imminent danger-in this case, a pool of water-and make sure that

such incidents do not happen in the future.

Physician/Occupational Health Specialist: They would further follow up on the progress of Elise

to provide medical opinions that she is fit for work or not and that the return-to-work program

will support her recovery.

Question #3. What will you do if Elise tells you that she is unable to return to her regular job

duties when her gradual return-to-work program is complete? Explain in detail.

First, we need to figure out the reason why Elise refuses to get back to her regular job duties that

she performed before the accident. If it is because she is afraid that it can happen again or she

goes through some other obstacles of rehabilitating to her job, I would consider it as barriers to

RTW. Hence, we can try to manage the case by assigning a RTW coordinator and conduct

individualized RTW plan to help Elise with RTW goals, even though RTW is complete. (Palmer

C. 2022)

However, if she is not able to perform her previous duties because she still feels pain or

uncomfortable to carry boxes, then it would make sense to offer Elise accommodation by

offering modified duties. (Palmer C. 2022)


In anyway, she is supposed to have reasons for not wishing to go back to her job. If Elise is

disabled somehow and she has a confirmed form from health practitioner about it, we have a

duty accommodation. (Palmer C. 2022) Hence, we must offer her accommodated options, while

keeping her wage at her previous level as close as possible. If she went through the RTW

program successfully and she does not want to perform her previous duties without any disability

proofs, then I would try to keep her as a valuable employee by offering relevant job

opportunities, but if there is none, I would be forced to renegotiate her contract.

References
Palmer, C. (2022). Human Resources for Operations Managers. In C. Palmer,
Chapter 6. Disability Management and Return to Work (pp. 98, 107,
109). London, ON: Fanshawe College Pressbooks.

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