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SCC decision: January 26, 2007

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Research articles : 
McGill University Health Centre (Montreal General Hospital) v. Syndicat des employés de l’Hôpital général de Montréal, 2007 SCC 4
Click here to link to the full judgment.
(Human rights / duty to accommodate / collective agreement / right to equality)
Duty to accommodate: A member of the Respondent union was injured and was unable to return to work at the end of the rehabilitation period provided in the collective agreement.  The Court held that this period is a factor to be considered in assessing whether the employer has fulfilled the duty to negotiate; accommodation should be individualized, and should look at hardship globally.  Nevertheless, the Court restored an arbitrator's decision that the Appellant had fulfilled its duty and could terminate the employment.
Majority/Concurring: 6/3