Duty to Accommodate on Prescribed Presence in the Workplace and a Reminder on Important Deadlines for Grieving Pay Implementation

First off and as a reminder, please take note of our communication sent last week on important deadlines for grieving on pay implementation.

 

Public sector unions, including the AJC, signed letters with the Employer agreeing that telework would be discussed prior to any changes to prescribed presence in the workplace. Despite that, the Employer unilaterally imposed a requirement to work on site three days per week, starting September 9, 2024. The AJC strongly disagrees with the Employer’s unreasonable approach and will continue to advocate on all fronts in support of the occupational health and safety and human rights of our members.

 

Most AJC members are concerned about the requirement of three days a week in the office. Some are concerned that they will lose their designated office space. Others are concerned that they will no longer be able to attend the workplace full-time, as they will be required to make space for other colleagues.

 

Many lawyers are rightfully concerned about the availability of suitable office space necessary to meet their professional and information protection obligations given that less dedicated office space is now available. If you have concerns about the availability of closed offices for lawyers within your department or agency, or if you have health, safety or other concerns about the quality of the available work spaces provided, please complete an Intake Form. The LP Collective Agreement requires that the Employer consult with the AJC on office space. 

 

AJC members may be unable to be in the office three days per week for various reasons, including religion, family status, disability or other protected grounds. The Employer is statutorily obligated to accommodate these members up to the point of undue hardship by adjusting working conditions so that our members can continue working effectively.

 

Members who require accommodation should make a request to the Employer at the earliest possibility, accompanied by information from a medical professional or other expert, explaining why the accommodation is required. We can assist members in responding to requests for medical information from the Employer that appear to be overly invasive. The Employer is not entitled to your diagnosis or specific treatment plan, and we recommend not providing this information.

 

If the Employer refuses to accommodate a request for accommodation, please contact the AJC as soon as possible and complete an Intake Form.  In most cases, timelines for filing a grievance are within 25 business days of the Employer’s refusal of the accommodation request. It is your responsibility to track and meet this deadline.

 

The AJC has an FAQ on Duty to Accommodate: Duty to Accommodate | AJC (ajc-ajj.ca)

Treasury Board resources include Duty to Accommodate: A General Process For Managers - Canada.ca and Duty to Accommodate: A General Process For Managers - Canada.ca.