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Injured employee's right to safe workplace was "disregarded"

Failing to provide light duties for six months, in line with doctors' recommendations, was unlawful because it "disregarded" the injured employee's right not to be exposed to workplace hazards, the Federal Circuit Court has ruled.

The employer's two witnesses denied responsibility for modifying the employee's work or checking that he was provided with appropriate duties. Therefore, Judge Antoni Lucev found, the employer had failed to put forward any decision-makers who could help discharge its burden of proof.

In claiming adverse action, the CFC Consolidated freight officer argued the employer breached his right to a safe workplace or safe system of work, in relation to an injury he suffered in March 2015, and its failure to provide him with medical assistance and subsequent light duties.

The employer said his submissions resembled "allegations of safety breaches", not general protections breaches...

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