The appellant, a First Class Constable, appealed a decision of the Board of Commissioners of Police discharging him due to a purported mental disability.
The appellant had suffered a series of jaw injuries and experienced fear and anxiety about potential reinjury.
The Commission found that under Section 27(e) of Regulation 791, a discharge for mental disability must be supported by the evidence of two legally qualified medical practitioners.
The medical evidence presented did not support a finding of mental disability, as both doctors indicated his fear was a normal and justified reaction to his previous trauma.
The Commission quashed the discharge and ordered the appellant reinstated.
The Commission also noted that under the Human Rights Code, the employer bears the onus of establishing that the appellant's physical disability could not be accommodated without undue hardship.
