RETURN-TO-WORK SITUATIONS WHERE THE EMPLOYEE HAS REQUESTED RELOCATION
In return-to-work situations, it is important to note that the obligation to accommodate is neither unlimited nor one sided.
An employer is able to terminate based on undue hardship. Nevertheless, the responsibility for the employer to create and maintain a respectful workplace remains, and a return-to-work must be accommodated as far as reasonably possible.
Employees cannot insist that they be removed from the department and appointed to a substantive position in another department but they can insist that the hardships they faced – which forced them to leave their work or which are forcing them to contemplate “flight” – are resolved by the employer.