StatCan employee on medical leave dismissed after harassment complaint
An employee argued his dismissal for medical incapacity was really retaliation for a harassment complaint against his boss. A labour board disagreed, upholding the termination and finding no connection between the two.
In a July 15, 2026 decision, Renaud Paquet of the Federal Public Sector Labour Relations and Employment Board dismissed a grievance brought by a former Statistics Canada accountant who had worked in the Internal Audit Division. The employee had been terminated for medical incapacity following an extended sick leave, and Paquet found the dismissal was administrative rather than disciplinary and that the employer had not discriminated against him.
The employee, an accountant with about 20 years in the federal government, worked in an AS-06 position in Statistics Canada's Internal Audit Division before going on sick leave in November 2020. He remained off work for nearly three years, submitting 23 medical notes that stated only that he required time off for medical reasons, without details on functional limitations or an expected return-to-work date.
The employer wrote to him three times in 2023, in March, June and September, asking for updated medical information and reminding him that under the Treasury Board's Directive on Leave and Special Working Arrangements, he needed to choose between retirement or resignation if he could not confirm a return...
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