Applicant
Respondent
- Parties: The applicant was Terry Casper. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant was a service delivery specialist at a Citizenship and Immigration Canada case processing centre. He took a leave of absence after a medical diagnosis and several workplace conflict incidents. He told his employer that he wanted to return to work, subject to his doctor’s advice that he work at a different location. He failed to return to work despite the employer’s efforts. Two grievances alleged discrimination by the employer for failing to accommodate his return to work after the leave of absence. The Federal Public Sector Labour Relations and Employment Board dismissed the grievances. The Board found that, while there was a prima facie case of discrimination, the employer satisfied its duty to accommodate. The applicant sought judicial review.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application. The Board reasonably concluded, based on the law and its factual findings, that the employer offered a reasonable accommodation and that the process ended due to the applicant’s lack of cooperation, the appeal court said. In these circumstances, the Board need not conduct an “undue hardship” analysis, the appeal court added.
- Date: The hearing was set on Oct. 1, 2024. The court released its decision on Oct. 3, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded costs in the agreed-upon, all-inclusive amount of $3,500.
Court
Federal Court of AppealCase Number
A-131-23Practice Area
Employment lawAmount
$ 3,500Winner
RespondentTrial Start Date
12 May 2023Download documents