“If employees with limitations are still doing a substantial component of the job, they may be entitled to accommodation and modifications to their role – there’s a huge amount of room between an accommodated position and full frustration of contract, and we can’t short-cut that.”

So says labour and employment lawyer Richard B. Johnson of Ascent Employment Law in Vancouver, after a British Columbia arbitrator reinstated a worker who was let go for frustration of contract following a workplace injury that slowed his production.

Martin-Brower of Canada operates a warehouse distribution centre in Delta, BC, for McDonalds restaurants. The warehouse contains dry goods, cooler goods, and frozen goods.

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