The applicant was a plumber in the Plant department of the University of Waterloo who had a stress-related disability. In his application to the HRTO, he claimed that he experienced discrimination in the workplace based on this disability. More specifically, from 2001 to 2004, he was overlooked for promotion, transferred to a different area, demoted from a lead hand position, refused overtime pay, accused of falsifying his time sheet, refused recourse to a grievance. He also claimed that the employer breached his human rights when it questioned a doctor’s note requesting accommodation in the form of “intermittent time off” over a period of 8 weeks so that he did not have to return to the doctor’s office every single time he needed time off due to disability. The employer did not have the right, he argued, to require him to provide further medical information or clarification of the accommodation request.
The applicant called four witnesses to testify on his behalf. The witnesses painted a negative picture of the applicant, who challenged and disregarded university policies and practices. For example, one stated employees were required to provide a medical note for every absence due to sickness.