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I have been on wish awaiting surgery, now the company has…

Customer Question
I have been on...

I have been on wish awaiting surgery , now the company has given me a job that was to meet my abilities . I was put on days shift received traing signed for job. My problem is medication i take at night i can no longer take since i have waking issues, no shift on afternoons ready , since work this shift I have different duties that was not agreed upon my return . My huge issue is they gave a junior less than yr employed a job that I could have done in my own dpt. I have been with company since 2007 ne

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ontario Canada . We have union that does not want to be involved.

Lawyer's Assistant: Has anything been filed or reported?

I have reported to work transitioned and wish case manager , human resources, spoke with union stewart who lost their temper before i could speak about my issues. I have called to union awaiting call who knows when they will call. This WSIB is very bogus sending letters I was covered for certain areas of body to find out it is not covered at all , what goes on its criminal

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 6 months ago.Category: Canada Law
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Answered in 2 hours by:
1/3/2018
Lawyer: Debra, Lawyer replied 6 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,495
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 6 months ago

Are you saying the employer is refusing to provide you the accommodations you need?

Is there a medical report asking for these accommodations?

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Lawyer: Debra, Lawyer replied 6 months ago

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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Customer reply replied 6 months ago
since the medications are not only for my pain but also , for another condition . The job I was given is not the job I got. The company lied to myself as well my work transition caseworker that I was working in one department when in fact it was 2 other areas when needed and this is not what I signed up for when returning to work. When working this off shift I cannot take medications, so no sleep , pain , angry, confused.
Lawyer: Debra, Lawyer replied 6 months ago

What is the union planning to do for you?

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Customer reply replied 6 months ago
Not to much , spoke with head office in Kitchener my union . I was told she would speak with Human Resources. I have heard nothing since, probably no fault of union members HR screens calls and never returns her calls and most times not even in her office to go see
Lawyer: Debra, Lawyer replied 6 months ago

Your employer owes you a duty of accommodation. That means that they must provide you with reasonable accommodations unless doing so will cause them to undergo undue hardship.

If they fail to accommodate you when they can then this is a case of discrimination.

Because you have a union you must go to the union and ask the union to fight for you. If they refuse to do so then you can go to the Human Rights Commission and file a complaint against the employer. You will have to prove to the commission that your union cannot or will not help you.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 6 months ago

Is there anything more I can help you with at this point in time?

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