wasn't a disciplinary process.
A few days later, another of Young's co-
workers told the manager Young frequently
stayed in her office and wasn't as accessible
as other social workers on the unit, and she
also asked nurses to book her meetings,
despite the fact she had been told nurses
weren't supposed to perform that task. A
follow-up meeting with Young didn't help,
as she was argumentative and kept inter
-
rupting the manager.
On Nov. 19, Young was told that one of
the high-risk patients with whom she had
been working had committed suicide while
out on a pass. Young said this was the last
straw emotionally for her, and the harass
-
ment and abuse she had felt at work came
"crashing down on her." She called in sick the
next day and filed two workers' compensa-
tion claims for mental trauma — one from
the patient's suicide and one from the bully-
ing, harassment, and discrimination she said
she had experienced at the VCHA hospital.
Over the next few days, Young said no one
tried to find out if she was okay and manage
-
ment continued their attacks on her despite
signs her mental and physical health was de-
teriorating. She eventually called in sick for
five days on Nov. 23 and informed her man-
ager. e same day, VCHA sent her a letter
terminating her employment.
Young filed a human rights complaint
claiming VCHA discriminated against her
in her employment on the basis of mental
disability by exposing her to harassment and
bullying and terminating her when she de
-
veloped mental health issues because of it.
e tribunal found that there was no
evidence Young suffered from a mental dis-
ability. She didn't provide any medical docu-
mentation supporting her claim other than
her own description of mental and emo-
tional stress. And while she may have shown
signs of stress in the meetings with manage-
ment and made comments to that effect, she
didn't request accommodation and there
was no reason for VCHA to believe what she
was feeling reached the extent of a mental
disability — and no reason to inquire after
her health, the tribunal added.
e tribunal determined that Young's
allegations amounted to workplace stress
caused by the employer investigating perfor
-
mance problems that had come to its atten-
tion and Young's worry that her job was in
jeopardy during her probation period. Her
reactions in the meetings were more likely
from "situational anxiety or stress" and not
caused by a mental illness — and Young
didn't advise of any disability or request ac
-
commodation anyway. As a result, the tribu-
nal dismissed Young's complaint as having
no reasonable prospect of success.
For more information see:
• Young v. Vancouver Coastal Health Author-
ity and others, 2018 CarswellBC 260 (B.C.
Human Rights Trib.).
Canadian HR Reporter, a Thomson Reuters business 2018
March
14,
2018
|
Canadian
Employment
Law
Today
CREDIT: MONKEY BUSINESS IMAGES/SHUTTERSTOCK
ABOUT THE AUTHOR
JEFFREY R. SMITH
Jeffrey R. Smith is the editor of Canadian
Employment Law Today. He can be reached at
jeffrey.r.smith@thomsonreuters.com, or visit
www.employmentlawtoday.com for more information.
The worker didn't provide
medical documentation
supporting her claim other
than her own description.
