NC-115 - Discharge

The Appellant appeals the decision (Decision) of the Respondent to discharge him from the Force on the basis of his being absent from duty without authorization. Between 2017 and 2018, the Appellant was off-duty sick for significant periods. While many of these absences were supported by medical certificates and/or the Health Services Officer’s (HSO) approval, others were not. Consequently, the Appellant was found to be absent from duty without authorization and discharged from the Force.

The Appellant’s arguments on appeal disputes the Respondent’s findings with respect to the culpability of the Appellant’s absences, the Respondent’s reliance on the HSO’s opinion and the Respondent’s failure to apply the duty to accommodate framework. The Appellant requests an order quashing the Decision, reinstatement, fulfilment of the Force’s duty to accommodate, and the return of reclaimed sick leave.

The ERC found that the Decision with respect to the culpability of the Appellant’s absences was not clearly unreasonable, and that the circumstances did not trigger the Force’s duty to accommodate.

The ERC found that the Appellant’s absences, which were not approved as medical leave by the HSO, and those between August and November 2018, which were not accompanied by medical documentation, were unauthorized. The ERC further found that there was nothing preventing the Appellant from performing his duties but rather that it was his personal choice not to attend work because of workplace issues.

Moreover, the ERC determined that although the medical reports in the record indicated that the Appellant would most likely require medical leave in the future, they did not contain prospective requests for accommodation or indicate that the Appellant had a disability that would have triggered the Force’s duty to accommodate.

The ERC recommended that the appeal be denied.

The Commissioner’s decision, as summarized by his office, is as follows:

In 2002 the Appellant commenced his employment with the RCMP. Between 2017 and 2018, the Appellant was often off-duty sick for significant periods. Some of these absences were supported by medical certificates and/or received the Health Services Officer’s (HSO) approval; however, many were not.

An Employment Requirements process was initiated in response to the unauthorized absences. The Appellant was served with a Preliminary Recommendation to Discharge, Recommendation to Discharge, and Notice of Intent to Discharge (NOI). As a result of persistent absences, the Respondent found the Appellant was absent from duty without authorization and discharged him.

The Appellant challenged the Order to Discharge (OTD) on the basis that the decision was procedurally unfair, based on errors of law, and clearly unreasonable. He disputes the Respondent’s finding that the Appellant’s absences were culpable; objects to the Respondent’s reliance on the HSO opinion, and claims that the Respondent failed to accommodate his disability to the point of undue hardship. The Appellant requests that the decision be quashed; he be reinstated; the Force fulfill its duty to accommodate; and, his sick leave be returned.

The appeal was referred to the ERC for review, pursuant to subparagraph 17(d)(ii) of the Royal Canadian Mounted Police Regulations, 2014. The Chair of the ERC recommended that the appeal be denied.

The Adjudicator was not persuaded by the Appellant’s grounds of appeal, and found that there was no breach of procedural fairness or errors of law, and that decision is not clearly unreasonable. The appeal was dismissed.