Question
EMPLOYMENT Jamie is a server in a restaurant. One day after leaving work, she was struck by a cyclist who was not paying attention to
EMPLOYMENT Jamie is a server in a restaurant. One day after leaving work, she was struck by a cyclist who was not paying attention to where he was riding. As a result of the accident, she was left with a broken wrist which would have prevented her from carrying food and drinks to patrons of the restaurant. As her wrist never healed properly and she told her manager that she could no longer perform the duties of a server. Her manager said that the duties of a server could not be modified and requested a note from her doctor indicating her current capabilities to do work.
1. Explain, in detail, the general duty of employers to accommodate employee disabilities under Human Rights legislation in Alberta.
2. Explain how this duty to accommodate would apply in Jamie's situation.
3. What, if anything, is her employer legally obligated, if so, what would you suggest? Discuss whether it's possible that Jamie's injury could spell the end of this employment relationship.
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