The applicant, an EMS Manager with bipolar disorder, exhibited erratic and inappropriate behaviour in the workplace, including frivolous spending, insubordination, and verbal abuse towards staff.
After disclosing his disability and taking a medical leave, the respondent investigated his conduct but failed to consider whether the behaviour was disability-related.
In 2011, the respondent decided never to return the applicant to his managerial position.
The Human Rights Tribunal of Ontario found that while the initial refusal to return him to work pending investigation was not discriminatory, the permanent removal from his position was discriminatory.
The respondent failed its procedural and substantive duty to accommodate the applicant's disability.
The Tribunal ordered the applicant's reinstatement subject to medical clearance and workplace restoration conditions, along with lost income and $25,000 for injury to dignity, feelings, and self-respect.
