Case Commentary

When nearly 2 years of modified duties don't establish a permanent job

A B.C. tribunal dismissed a mine worker's disability complaint at the preliminary stage. The decision explains why extended temporary accommodation doesn't necessarily require a newly created permanent position.

A mine worker who spent almost 2 years on modified duties wasn't necessarily entitled to have those duties turned into a permanent job. That's the distinction at the centre of Everall v. Newcrest Red Chris Mine Ltd. , 2026 BCHRT 217, released on October 15, 2026. The British Columbia Human Rights Tribunal dismissed the worker's disability discrimination complaint under section 27(1)(c) of the Human Rights Code , without holding a full hearing. Devin Everall had worked as a Serviceman at the Red Chris mine. After developing an injury affecting his arm and hand in 2019, he was assigned administrative and support duties. The arrangement continued while a return to his original work remained possible. In May 2021, WorkSafeBC confirmed permanent physical restrictions that prevented him from performing the core demands of the Serviceman position. The employer concluded it couldn't sustain the modified arrangement indefinitely and that there wasn't another available job matching his restrictions and qualifications. The dispute wasn't simply about how long the accommodation had lasted.

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