Schut v. Canada ( Attorney General )
T-1096-97
Cullen J.
8/6/98
6 pp.
Parties have agreed Appeal Board of Public Service Board (AB) decision should be set aside-Additional relief sought: (1) Application for order applicant's employer did not accommodate disability; (2) respondent asking Court to order Appeal Board of Public Service Board to determine whether applicant, as disabled candidate, has affirmative duty to play proactive role in accommodation of disabilities in order to demonstrate qualifications when participating in competitions-Applicant, visually impaired, participated in closed competition in early 1996 to fill position of Marine Emergency Preparedness Officer with Transport Canada-Obtained 49.5% on written exam-Screened out of competition as pass mark set out at 70%-At issue before Appeal Board whether applicant received proper training on scanner prior to written exam and was offered help with scanning prior to March 29, 1996-Employer, not employee, responsible for accommodation of employee's disabil ity-Accommodation requiring employer to take reasonable steps, short of undue hardship-In determining reasonableness of accommodation, focus on conduct of employer-Adducing evidence to demonstrate other methods of accommodating employee available aids employer in demonstrating reasonableness of measures-Court not ordering Appeal Board to make determination on issue, as incorrectly seeks to examine conduct of employee, rather than reasonableness of measures undertaken by employer-Principal application allowed; additional relief denied.