Canadian Employment Law Today

March 14, 2018

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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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.

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