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Decision of Interest Lance Rogers v. CRA, 2016 PSLREB 101

2016 PSLREB 101

The PSLREB has ordered an Institute member with 35 years of services retroactively re-instated with full salary and benefits along with an order for $15,000 in pain and suffering and $10,000 for wilful and reckless conduct against the CRA.

The CRA terminated Mr. Rogers as it claimed that, at the time of the termination, there was no reasonable prospect of the grievor returning to work after more than two (2) years of leave of absence without pay.

The Institute argued that the CRA discriminated against the grievor and it did not fulfil its duty to accommodate to the point of undue hardship. The PSLREB agreed.

The Board found that the evidence established that the grievor had a disability as defined by the Canadian Human Rights Act and that he was adversely differentiated in his employment and that his disability was a factor in this adverse impact. As such, the adjudicator found that the grievor had made out a prima facie case of discrimination. The onus then shifted to the Employer to show that the decision to terminate the grievor was justified.

The adjudicator found that the CRA did not fulfill its duty to accommodate to the point of undue hardship. The adjudicator commented that at no time did the grievor’s managers attempt to discuss concrete measures for a return to work with the grievor and his bargaining agent. The Employer kept insisting it required details from the grievor’s treating doctor while the adjudicator found that the CRA did in fact have all the necessary medical information in hand to address restrictions, limitations and accommodations.

As a result, the adjudicator re-instated with full salary and benefits the grievor as of the date of termination. Because of the CRA’s conduct in this matter, the adjudicator also awarded $15,000 for pain and suffering and $10,000 compensation for wilful and reckless conduct.


Publish Date: 01-DEC-2016 11:41 AM