Safety & HCM Post

Fired HR Employee Can’t Blame Bad Attitude on Anxiety & Depression

While acknowledging the misconduct and attitude problems that got her fired—including constant lateness, emotional outbursts, clashes with colleagues—a veteran HR staffer claimed they were the result of depression and anxiety and sued for disability discrimination. The Ontario Human Rights Tribunal agreed that she had a disability but tossed the case because there was no evidence that: a. her depression and anxiety caused her to behave the way she did; or b. the employer was aware of or perceived she had a disability since she never revealed or came forward to ask for help (except for one foray into the EAP that she did on an anonymous basis. Although management could tell she was stressed out, they just figured it was due to fear of losing her job [Young v. Toronto Transit Commission,2019 HRTO 625 (CanLII), April 5, 2019].

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Bongarde Editorial

Bongarde Editorial

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