Accommodation delay costs Alberta government ministry

An Alberta government ministry had sufficient medical information to accommodate a worker on medical leave eight months earlier than it actually did, an arbitrator has ruled.

The worker held a part-time, senior administrative position for the Alberta Ministry of Justice and Solicitor General at the Calgary Courts Centre (CCC).

He came into conflict with coworkers, to the point where he filed harassment grievances in early 2018. In May, he provided a medical note saying that his work environment was causing him “stress affecting his mental health and capacity to deal with his responsibilities at work.” The doctor’s note stated that a “change of current work environment/job will definitely help his current state of health.”

On June 7, the worker provided another doctor’s note stating that he was “unable to work for medical reasons.” The ministry contacted the worker’s doctor indicating that it was committed to accommodating the worker but it needed information on his fitness for work and restrictions. The doctor replied that the worker’s restrictions were “extreme worrying, unable to focus, concentrate” and recommended a different work environment. The prognosis for a return to work was “good, provided his work environment changes,” said the doctor.

Two weeks later, the ministry sought clarification on the worker’s fitness for work, noting that the information provided indicated symptoms but not restrictions. The doctor again replied with “extreme worrying, paranoia, people are out to get him at the previous office” and said the worker could immediately return to his current position “but at a new physical office.”

The ministry sought further information on July 20, and the worker’s doctor reported that the worker’s condition was “likely long-term considering ongoing issues at this place with staff” but they were “likely temporary provided change in work environment happens soon.”

On Aug. 2, an HR consultant wrote a summary of the medical reports and indicated that the worker “has a medical condition preventing him from working at the CCC.”

The worker went on a previously scheduled vacation from late September until late October. When he returned, he submitted a medical note dated Nov. 5 that recommended a trial in a different workplace.

In April 2019, the worker was offered a 0.4 position in a different court at the CCC but the worker provided a note dated April 23 stating that he needed accommodation in a different building.

The ministry’s HR department started looking outside the CCC but found it difficult to find a 0.4 position. Eventually, a full-time job in a different ministry elsewhere was found, which the worker started on June 25.

The union filed a grievance arguing that the worker should have been accommodated much earlier than June 2019.

The arbitrator found that the Aug. 2, 2018, summary by the HR consultant indicated that the ministry was aware that the worker couldn’t return to the CCC and the medical reports were clear on that point. Although the ministry may have had concerns that the worker’s issues weren’t “strictly medical,” it should have started the accommodation process then by searching for a position outside of the CCC. However, it didn’t do so until April 2019 after the worker declined a position in the CCC.

The arbitrator noted that once the accommodation process began, it took nine weeks due to the scarcity of positions and the need for approval to look outside the ministry. Extrapolating that from Aug. 2, 2018, and accounting for the worker’s vacation, the accommodation process could have begun on Nov. 5, 2018, said the arbitrator.

The ministry was ordered to pay damages for lost earnings from Nov. 5, 2018, to the start of the new job on June 25, 2019, plus reimbursement for the cost of four medical reports issued at the request of the ministry.