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Focus on Labour and Employment Law - July 2008 (special edition)
Date:  July 21 2008
In the June 2006 edition of Focus, we reported on a Court of Appeal decision regarding the duty to accommodate. In this decision, the Court held that the employer had not established that it had contemplated all accommodation measures that were reasonably possible when he dismissed an employee. It consequently annulled the dismissal.

In a judgment rendered on July 17, 2008 , the Supreme Court overturned this decision. It held that the Court of Appeal decision contained two errors of law, one relating to the standard for assessing undue hardship and the other relating to the time that is relevant in the determination of whether the employer has fulfilled its duty to accommodate.



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