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Queen's University

Lenihan v British Columbia

In Lenihan v British Columbia, the LTD employee engaged in a placement program after an assessment found that she was fit to work.  She cooperated for a while (submitted to a medical assessment and filled out a questionnaire) but then refused to have a specialist do an analysis crosschecking her abilities with existing job availabilities. She wanted to apply for 6 jobs that the government did not think she could do, based on the medical information she had provided. It therefore asked for an updated medical report, a list of required accommodation measures and information about transferable skills. Ms Lenihan felt this was an affront to her dignity and refused to comply. The arbitrator found that she had failed to cooperate and that the employer had no further steps to take to accommodate her.

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000