Lloyd v. Canada Revenue Agency

2009 PSLRB 15

  • Before: George Filliter
  • Decision Rendered: 2009-02-06
  • Original Language: English

Subject terms:

Discrimination – Duty to accommodate – Physical disability – Sufficiency of accommodation – Damages for pain and suffering – Remedies

The grievor worked as an auditor in the Criminal Investigations division of the Canada Revenue Agency and was diagnosed with fibromyalgia – the grievance concerns the employer’s alleged failure to provide adequate and timely accommodation of her disability – the employer did not contest that her condition constituted a physical disability that required accommodation – the issue was whether the employer’s alterations to the grievor’s work amounted to a plan of accommodation and, if so, whether that plan was sufficient – the grievor informed the employer of her diagnosis in June 2005 and requested an ergonomic assessment – she followed up on her request in August 2005, including a note from her doctor supporting her request for an assessment – on September 1, 2005, the grievor sent the forms for the assessment to her supervisor, but he did not complete them until two weeks later – the grievor was asked to have her doctor complete a Functional Abilities Assessment, which was done, and a report with recommendations was forwarded to the employer – the ergonomic assessment report was completed in November 2005, but the recommended chair was not delivered until January 2006, at which point the grievor was on extended leave – the employer indicated that it had met its duty to accommodate through the implementation of a plan that included unilaterally imposing certain work conditions on the grievor, such as excluding her from participation in searches carried on by investigators, cancelling her compressed workweek and advising her not to participate in extra work or to assist her colleagues – the lack of consultation with the grievor on the plan of accommodation rendered the plan inadequate – the employer, without reasonable or credible explanation, caused an undue delay in arranging for accommodation and in implementing the recommendations – the grievor was treated in an adverse manner based on her disability – the employer was ordered to provide an adequate plan of accommodation to the grievor, to pay the grievor an amount of $6000 for pain and suffering, and to provide training in disability and accommodation to her two supervisors.

Grievance allowed.