Employee no longer capable of performing job after diagnosed with heart condition
Instead of accommodation, Roy Iannetti said his employer forced him out on sick leave.
The Canadian Union of Public Employees (CUPE) Local 993 filed a grievance on Iannetti’s behalf against Nova Scotia’s Cape Breton Regional Municipality. The union argued the employer failed to accommodate Iannetti when, in March 2012, he said he could no longer perform his job as foreman and asked to be reinstated to his former position as a heavy equipment operator.
Iannetti worked for the employer for roughly 30 years. The majority of his time was spent as a heavy equipment operator. Roughly 10 years after being promoted to foreman, Iannetti was diagnosed with a heart condition. He testified he was ordered by his doctor to "stay clear of stress."
In 2008 — shortly after Iannetti’s diagnosis — Lou Ferguson was brought on as manager. Iannetti testified Ferguson was an ineffective manager and failed to support him as foreman. In the months leading up to March 2012, Iannetti reported an increase in confrontations with employees related to discipline. Without the proper support, Iannetti found the stress related to the position to be too much.
He went to see his family doctor for a medical note detailing his work-related stress. On March 14, 2012, Iannetti emailed the employer to explain he could no longer carry out the foreman position. Iannetti explained he would take the rest of the week off as vacation days and requested he return to work as a heavy equipment operator the following Monday.
Iannetti was told he would have to follow the necessary accommodation procedures. Because the doctor’s note provided stated Iannetti could no longer perform his job due to stress, his vacation days were changed to sick leave.
Iannetti went to see Dr. Mike Ryan, an independent medical practitioner who supplies occupational health services to the employer. Based on this March 29 meeting, Ryan found Iannetti to be depressed and aggressive. Ryan testified Iannetti was not "fit" to be accommodated at that time.
In mid-July 2012, Iannetti was running out of the 120 days of sick leave he had accumulated. He filed an application for Long Term Disability (LTD) benefits. The application was denied. When Iannetti appealed the decision, it was denied a second time.
When he learned the result of his appeal, Iannetti decided to return to work. He resumed his duties as foreman on Jan. 14, 2013. The grievance was filed on Feb. 15, 2013, and requested Iannetti be awarded "full redress."
The union submitted Ryan’s opinion Iannetti could not work due to depression was based on stress solely related to his work as foreman. Had Iannetti been accommodated, his work-related stress would no longer be an issue.
The employer, however, argued Iannetti was not entitled to be transferred into the heavy equipment operation just because he asked. Iannetti himself continued to act as if he were totally disabled. He applied for LTD and then repeatedly appealed the LTD’s negative rulings with respect to whether he was disabled. Furthermore, the employer argued, triggering the duty to accommodate does not mean the employee gets to determine what the accommodation is.
Sole arbitrator Augustus Richardson agreed with the employer, ultimately dismissing the grievance.
"The fact that the grievor thought he could perform the task of heavy equipment operator was not, on the evidence, proof positive he could… An employee who alleges that he or she has a disability is not entitled to self-diagnose," Richardson said.
Reference: Cape Breton Regional Municipality and the Canadian Union of Public Employees (CUPE) Local 993. Sole Arbitrator Augustus Richardson. Demetri Kachafanas for the employer, Wanda Power for the union. March 28, 2014.
