"Exercise of authority for its own sake" inconsistent with legal duty to accommodate disabled employee.

Written by: Andrew Lawson

Canadian employers are required by law to provide reasonable accommodations for disabled workers. The recent court decision Keays v. Honda provides some very important legal direction in this area of people management.

The exercise of reasonable authority in the management of your disabled workers is acceptable. However, you must exercise your authority in a manner that respects the dignity and equality of your employees. The court stated clearly in this case that employers must avoid, "the exercise of authority for its own sake."

The Keays case teaches that employer demands must be "reasonable." If not, employees are under no obligation to comply with those demands. Discipline or termination under these conditions will bring a heavy cost to your organization, on many levels.

Key learning points:

• Be open-minded: avoid assumptions about disabilities.
• Avoid prejudgment: get the facts before making any decision.
• Give workers clear reasons for your demands.
• Accept reasonable excuses for non-compliance with your demands.

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