Canadian HR Reporter

CANADIAN HR REPORTER April 4, 2016 EMPLOYMENT LAW 5 Jeffrey Smith Legal View Despite assaulting his manager, employee given $25,000, reinstatement Employer failed to consider evidence of senior engineer's medical condition A federal department should have accom- modated an employee with medical issues rather than firing him for committing a violent act in the workplace, the Canada Public Service Labour Relations and Em- ployment Board has ruled. Naim Rahmani was hired by Transport Canada in 2003 as a senior engineer in the standards branch, national aircraft certifi- cation, in that branch's electronic equipment design assurance sec- tion. He worked with clients look- ing to have their airplanes accred- ited so they could be authorized for use in Canada, examining the computer components of various elements of airplanes including the engines, fuselage and flight controls. Rahmani had a colleague, Pat- rick Desbiens, who started work- ing around the same time as him. Desbiens initially had a classifica- tion one level higher than Rah- mani but, a couple of years later, Rahmani also advanced to that level. ough they had identical duties and the same manager, the two men worked on different projects. Over time, Rahmani's relation- ship with some of his co-workers became strained, particularly with Desbiens. In 2008, Rahmani criticized Desbiens for incom- petence, a lighter workload and favouritism. He also claimed his co-workers didn't work as hard as he did and his criticisms were only profes- sional, not personal. As things deteriorated, Rah- mani began looking for a way to leave his section. He also re- quested a leave without pay for one or two years, but his manager refused due to the section's opera- tional needs. From 2009 to 2012, Rahmani's workplace relationships contin- ued to worsen to the point where he sometimes had outbursts. He took sick leave several times and provided medical certificates. Despite his issues with col- leagues, Rahmani had good relationships with clients and employees in other sections, re- ceiving congratulations for team dedication on various projects. In early 2012, Rhamani applied for an avionics position and was refused, which he felt was unfair because he believed he was the better candidate. He was unhap- py and wanted to leave the section and took a three-week sick leave in January supported by a medical certificate. Worker's frustration boils over Rahmani returned to work from his sick leave on Feb. 10 to find his perceived workplace nemesis, Desbiens, had been appointed manager of his team. Not surpris- ingly, Rahmani felt this sealed his fate in the section and he wouldn't be able to leave for another opportunity. A few minutes after Rahmani read the email announcing Desbi- en's appointment, Desbien came into Rahmani's office to check his working hours as he had received a request for travel authorization for Rahmani that included over- time pay. Rahmani perceived this as an attack against him and felt Desbiens was rubbing in his new role as soon as he could, so he re- acted negatively. Desbiens left Rahmani's office but Rahmani decided he should clear things up with Desbiens, so he went to his office. Later, Desbiens said he was at his desk with his back to the door when he felt Rahmani behind him, hearing him speak while standing above him. Desbiens said he re- flexively got up and turned to face Rahmani, who then insulted him. Desbiens claimed he told Rahmani to leave his office and Rahmani responded by striking him on the left side of his face, knocking his glasses off. Desbiens picked up his glasses and left his office, with Rahmani following him. Desbiens said he was afraid of Rahmani and ran down the stairs to the ground floor to ask for help from the security station, with Rahmani following. But in recalling the incident, Rahmani claimed that when he entered the office, Desbiens im- mediately stood up and Rahmani pushed him in a defensive move. He later acknowledged he may have pushed hard because Des- biens' cheek was red for a little while afterward, but he said he had no intention of hitting Desbiens. He said he followed Desbiens out of the office because he didn't want Desbiens to exaggerate what had happened. Investigation Transport Canada conducted an investigation into the incident. Other employees reported hear- ing the slap and loud voices as well as seeing a red mark on Desbiens' face. The security officers said Desbiens was in a serious emo- tional state when he approached them. All indicators pointed to an ag- gressive, violent act by Rahmani, and Rahmani's explanation that he acted defensively didn't stand up since he could have left the of- fice as he was closer to the door, with no obstacles. Rahmani's access card to the building was revoked and he was placed on telework. He worked from home on several projects and reported directly to the chief of engineering while the investiga- tion continued. In July 2012, Rahmani present- ed a medical certificate requesting two months' sick leave, but his sick RECRUITING FINANCIAL PROFESSIONALS? O er positions to over 200,000 Members Highly targeted advertising Immediate matching resume database access FOR MORE INFORMATION, cpacanada.ca/CPASource TELEPHONE•416 204 3284•EMAIL•TGardiner@cpacanada.ca 14-126a_EN_CPAsource_fullpagead_9.625x7.indd 1 1/5/2016 3:24:31 PM FITNESS > pg. 6

• Cover