The applicant filed an application alleging that the respondents breached the Minutes of Settlement arising from a previous human rights application regarding workplace accommodation for a mental health disability.
The settlement required the parties to agree on an independent medical assessment to explore alternative treatments that would allow the applicant to work rotating shifts.
The applicant alleged breaches related to proposing psychiatrists, delaying reports, denying paid leave for appointments, and failing to immediately implement the resulting medical recommendations.
The Tribunal found that while both parties breached the timeline for proposing psychiatrists, no remedial order was necessary.
The Tribunal dismissed the remaining allegations, finding that the delays were largely attributable to the applicant's own actions, the conditions for short-term disability benefits were not met, and the respondents' supplemental inquiries to the medical examiner were a reasonable part of the accommodation process.