Philip Upshall

The complainant, who had bipolar disorder, was hired as a software program tester.

Shortly after starting, he disclosed his condition to his supervisor and began exhibiting pre-manic symptoms.

The employer terminated him ten days into his employment, claiming he misrepresented his ability to perform the job.

The Human Rights Tribunal found the employer discriminated against the complainant and failed its procedural and substantive duties to accommodate his disability, awarding damages and public interest remedies.

The Divisional Court upheld the Tribunal's findings on discrimination, accommodation, and damages, but modified some of the public interest remedies.

The complainant, who has bipolar disorder, was hired by the respondent as a senior test analyst.

Shortly after starting work, he disclosed his condition to his supervisor and requested monitoring for symptoms.

Days later, he was summarily dismissed without any assessment of his condition or the possibility of accommodation.

The Tribunal found that the respondent discriminated against the complainant on the basis of disability by failing to fulfill the procedural dimensions of the duty to accommodate.

The precipitate dismissal triggered a severe manic episode.

The Tribunal awarded general damages, damages for mental anguish, and special damages for lost wages, along with public interest remedies.