Discharge Excessive for Totally Disabled Employee

|Canadian Labour Reporter|Last Updated: 02/05/2011

The grievor had been exhibiting uncharacteristic behaviour: she had even been aggressive on several occasions. She was given a one-day suspension. At about this time, the grievor’s father wrote to the board to make them aware of his concern over her mental health. Shortly afterward, the grievor was hospitalized.

She returned to work after about a week with a medical certificate from the psychiatrist who was treating her, declaring that she was fit with no restrictions.

Over the following weeks, her work performance deteriorated, and many of her duties were either not being performed, or not performed to the proper standard.