Leclair v. Deputy Head (Correctional Service of Canada)
2016 PSLREB 97
- Before: Margaret T.A. Shannon
- Decision Rendered: September 28, 2016
- Original Language: English
Labour relations – Discrimination – Disability – Accommodation – Union activity – Retirement
The grievor was employed at the CX-01 group and level as a correctional officer – he was diagnosed with post-traumatic stress disorder and requested accommodation in a security maintenance officer (SMO) position – the employer refused as the SMO position was classified at the CX-02 group and level – the grievor claimed that the employer discriminated against him by refusing to accommodate him for his disability and because of his union activity – he also claimed that he was forced to retire – the evidence demonstrated that he was focused only on the SMO position and that he would not consider any other positions that were offered to him, which delayed the process – the Board found that the employer fulfilled its duty to accommodate as it offered him several return-to-work options, one of which he eventually accepted – the employer allowed the grievor to be off work or to leave early when he felt the need – he was not entitled to his choice of accommodation but only to a reasonable accommodation – the Board also found that there was no evidence that the employer discriminated against the grievor for his union involvement – as for his retirement, the evidence was clear that he had always intended to voluntarily terminate his employment by retiring.