Paquette v. Treasury Board (Parole Board of Canada)
2016 PSLREB 25
- Before: Stephan J. Bertrand
- Decision Rendered: 2016-03-22
- Original Language: French
Labour relations – Physical incapacity – Absenteeism – Ability to satisfy job requirements – Medical assessment request – Ergonomic assessment request – Whether harassment occurred – Burden of proof – Program and Administrative Services Group bargaining unit
The grievor returned to work after sick leave – although her work schedule was reduced and her workload was lightened, she was unable to meet the job requirements – she challenged the employer’s decision to have her submit to medical and ergonomic assessments – the collective agreement states that “[t]here shall be no … harassment … with respect to an employee by reason of … physical disability …” – the Board concluded that the employer’s actions did not create a hostile environment that adversely affected the grievor’s dignity – the Board also concluded that the employer had reasonable and legitimate grounds for requesting a medical assessment of the grievor – it also concluded that the employer’s objective of accommodating her was legitimate – finally, it did not find any evidence suggesting that the employer behaved inappropriately or hurtfully with respect to the grievor.