Dismissal of Alberta police officer due to job concerns, not disability: Court (Legal View)

Finding of discrimination overturned; inability to do job a primary factor for police
By Jeffrey R. Smith
|Canadian HR Reporter|Last Updated: 03/27/2013

The dismissal of an Alberta police constable following back injuries and depression wasn’t discriminatory and was based on his inability to do police work, the Alberta Court of Appeal has ruled.

The constable was hired by the Lethbridge, Alta., police service in April 2005 and he began an 18-month probationary period, as was standard for all new police officers under the province’s Police Service Regulation. But six months later, in October 2005, he suffered a hernia and had to undergo surgery.

The police service proposed modified desk duties while he healed, but the constable refused because he didn’t want to sit behind a desk at work. Instead, he worked on his rehabilitation at home.