Re: Article “‘Out of a job for no reason,’” which appeared in the Aug. 24 issue of Northern Life.

In recent weeks, several inaccurate statements have been reported in the press regarding Xstrata Nickel relative to the Ontario Human Rights Code, and more specifically the duty to accommodate employees.

We would like to set the record straight with the following facts.

Xstrata has exceeded its obligations under the Ontario Human Rights Code with respect to the accommodation of employees. We have jointly agreed with our unions to a Disability Management Process and have in place a well-outlined program that aligns with the provisions of the Code.

This process ensures we take the appropriate steps for the safe return of an employee to our workplace after injury while treating them with dignity and respect.

Xstrata, its unions and employees share a joint responsibility in the accommodation process. Additionally, the duty to accommodate does not require the displacement of other employees.

Nor does it require measures to be taken that would substantially interfere with the seniority rights of other employees. Our collective agreement stipulates that like any other worker, an employee who is accommodated is subject to bumping and layoff provisions.

We recognize the fact that accommodation is a key component to achieving a society that is inclusive of the needs of disabled persons. Accordingly, the concept of accommodation to the point of undue hardship is incorporated into Xstrata’s rules and policies.

Each case is assessed individually according to the employee’s personal abilities and restrictions in order to ensure the health and safety of not only the employee in question, but also that of his or her co-workers.

No employee is presumed to be unable to be accommodated without a careful review of the relevant facts pertaining to that employee’s own personal situation and the available work at our Sudbury operations.

We consider all practical options when assessing whether an injured employee can perform the essential duties of his or her job, while still accomplishing legitimate and productive work.

When that is not possible, Xstrata then conducts a thorough review of available positions in the organization in order to determine whether there is a safe, suitable and productive job (modified or not) that can be assigned to the employee.

The process is the same for existing employees and those who remain on recall with work restrictions.

The process described above has placed 80 employees in accommodated positions, and this number includes a number of employees recalled to accommodated or modified work.

Xstrata Nickel Sudbury Operations is committed to its values and principles, one of which is to respect the privacy of individuals. As a result, we do not discuss the specifics of individual cases.

We make these points simply to demonstrate some of the key elements of our policies on accommodation that ensure that an employee’s return to work is conducted with respect and dignity, while upholding our foremost value of health and safety above all.

Lori Horner
director of human resources
Xstrata Nickel Sudbury operations