The plaintiff, a 70-year-old medical secretary, was dismissed during the COVID-19 pandemic after her request to work remotely was denied.
The employer initially provided working notice but later alleged after-acquired cause upon discovering the plaintiff had improperly accessed and created medical charts for herself and family members using the clinic's electronic database.
The court dismissed the plaintiff's human rights and wrongful dismissal claims, finding the employer had accommodated her to the point of undue hardship given the clinic's confidentiality requirements and pandemic-related challenges.
The court further held that the plaintiff's unauthorized access to medical records constituted a serious privacy breach that struck at the heart of the employment relationship, justifying termination for cause.
