NC-286 - Medical Discharge

The Appellant appealed the Respondent’s decision ordering her discharge from the Force on medical grounds. Between 2012 and 2023, the Appellant was on medical leave for a total period of five years. During her last medical leave, multiple efforts were made by the Force to obtain medical information from the Appellant and to schedule an Independent Medical Evaluation. These communication attempts remained unanswered by the Appellant. On August 17, 2023, the Appellant was assigned an permanent O6 medical profile, rendering her permanently unfit for any duty within the RCMP. The discharge process was initiated and the Decision was issued. The Respondent found that the Appellant should be discharged from the RCMP due to a disability that could not be accommodated.

The Appellant submits that the Decision is clearly unreasonable for two reasons: the Respondent failed to grapple with a key argument, and the Force did not fulfill its duty to accommodate the Appellant to the point of undue hardship. 

The ERC found that the Decision is clearly unreasonable because the Respondent did not provide reasons that were responsive to the arguments the Appellant raised in her response to the Notice of Intent to Discharge. Given its view that this finding is dispositive of the matter, the ERC found it unnecessary to address the Appellant’s remaining ground of appeal. 

The ERC recommends that the appeal be allowed; the Decision be quashed; the Appellant be reinstated into the Force retroactive to her date of discharge, with full pay and allowance. The ERC further recommends that the matter be remitted to a new decision-maker.