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<\/p>\nMore than three years after a workplace injury left him with chronic pain and nerve damage, Martin Boutilier says he\u2019s desperate to get back on the job.\u00a0<\/p>\n
But despite being cleared by health-care professionals for a gradual return to work, he says the Halifax Regional Centre for Education (HRCE) is refusing to temporarily reduce his hours or adjust his responsibilities to help him on that path.\u00a0<\/p>\n
\u201cI want my job back,\u201d said Boutilier, who\u2019s employed at a Halifax-area school. \u201cIt\u2019s frustrating, it\u2019s alienating, it\u2019s dehumanizing, it\u2019s belittling.\u201d\u00a0<\/p>\n
Boutilier was hired by the HRCE as a permanent educational program assistant (EPA) in 2021, and worked six hours a day with students with educational or behavioural challenges.\u00a0<\/p>\n
He was injured in April 2023 while trying to help a student off a swing set and into a wheelchair. He said the student became agitated, grabbed him by the collar and pulled him to the ground, twisting his back.<\/p>\n
He was ultimately diagnosed with a herniated disc, and has not worked since. He receives a portion of his salary through workers\u2019 compensation.<\/p>\n
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Boutilier, pictured in June 2023, says he dealt with a crooked spine for about a year until he underwent surgery to remove part of the herniated disc pressing on a nerve. (Submitted by Martin Boutilier)<\/p>\n
He said policy required two EPAs to accompany the student outdoors at all times. But Boutilier said because he is a larger man, he was often left to work alone.\u00a0<\/p>\n
He also said he was never properly trained to physically help students, including getting them into a wheelchair.<\/p>\n
The injury left Boutilier with a crooked spine for about a year until he underwent surgery to remove part of the herniated disc pressing on a nerve. He still deals with permanent nerve damage, numbness, mobility issues and pain.\u00a0<\/p>\n
Last year, an occupational therapist found that while Boutilier\u2019s physical capacity deteriorates throughout the day, he could complete a six-hour shift if accommodated. Recommended measures included avoiding repetitive squatting and bending, heavy lifting and climbing stairs.\u00a0\u00a0<\/p>\n
Boutilier said he has met with HRCE and workers\u2019 compensation caseworkers numerous times to propose a shorter workday, or a full day with recommended accommodations, like being paired with students requiring less physical assistance, or a placement in a school with fewer stairs.\u00a0<\/p>\n
He said the education centre has denied these requests, citing undue hardship \u2014 a legal limit that excuses an employer from making accommodations because it would be too costly or cause safety risks, according to the Canadian Human Rights Commission.\u00a0<\/p>\n
\u201cI think more and more, workers are losing their rights,\u201d said Boutilier. \u201cI know on their level, I\u2019m a liability. What if I get injured again? Just be rid of me, hope I go away.\u201d\u00a0<\/p>\n
HRCE did not make anyone available for an interview and could not comment on Boutilier\u2019s case due to privacy considerations.\u00a0<\/p>\n
In an email, spokesperson Lindsey Bunin said \u201cHRCE is committed to supporting employees who are injured or become ill and facilitate a safe return to work whenever possible.\u201d<\/p>\n
\u201cAccommodation decisions are made individually, considering medical information, functional abilities, job requirements and workplace circumstances, and in accordance with applicable legislation and HRCE processes,\u201d Bunin wrote.<\/p>\n
‘Duty to accommodate’ <\/p>\n
Employment and labour lawyer Brian Wasyliw is a partner at Toronto-based firm Sherrard Kuzz LLP, which exclusively represents employers. He\u2019s unfamiliar with the specifics of this case but said these types of disputes are common and can be challenging.<\/p>\n
Wasyliw said employers generally have a \u201cduty to accommodate\u201d employees who have a proven injury or disability. He pointed to examples such as adjusting work hours and job duties, or providing physical aids.\u00a0<\/p>\n
\u201cTo understand what\u2019s medically necessary and justified can be difficult,\u201d he said.\u00a0<\/p>\n
Wasyliw said to reach the point of undue hardship, making the proposed adjustments would have to be \u201chigher than just an inconvenience\u201d for the employer. <\/p>\n
Union weighs in<\/p>\n
Shelley McNeil, president of CUPE Local 5047, said Boutilier\u2019s story is not uncommon and she\u2019s not surprised he\u2019s faced resistance by the employer.<\/p>\n
The union \u2014 currently in the midst of contract negotiations \u2014 represents over 2,800 HRCE employees, most of whom are EPAs.<\/p>\n
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