Human rights complaint dismissed; extending probation for an employee unable to perform due to depression constitutes undue hardship.
The complainant, a probationary employee, was released from his position as a Systems Operator due to unsatisfactory performance.
He alleged that his poor performance was caused by a mental handicap (depression and anxiety) and that the employer failed to accommodate him by extending his probationary period.
The Board of Inquiry dismissed the complaint, finding no indirect discrimination as the evidence indicated the complainant would not have performed satisfactorily even without the handicap.
Furthermore, the Board held that extending the probationary period to accumulate symptom-free time would constitute an undue hardship and was not a reasonable accommodation that would enable the complainant to fulfill the essential duties of the position.
Bonner v. Ontario (Ministry of Health), 1992 CanLII 14236
