FAILURE TO ACCOMMODATE LEADS TO HUMAN RIGHTS AWARE
PUBLIC SERVICE LABOUR RELATIONS BOARD
BETWEEN: NATHALIE CYR, Grievor
AND:
TREASURY BOARD
(DEPARTMENT OF HUMAN RESOURCES & SKILLS DEVELOPMENT, Employer
Project Manager, Nathalie Cyr, works in the Department of Human Resources and Skills
Development, Service Canada. In February 2007 Ms Cyr filed a grievance alleging her
employer had harassed and discriminated against her and failed in its duty to put in place
and maintain accommodations to address her physical limitations due to environmental
hypersensitivity she acquired.
Ms Cyr was relatively healthy until she was transferred to her new workplace location in
2004. One month after working there, she started to feel tired, had headaches and sinus
pain one hour after she would arrive at work but the symptoms would disappear when she
left. She requested and was permitted to work from home as a teleworker and only return
to her workplace a few times a week. Eventually, she was requested to return to full-time
employment at her workplace which led her to filing a grievance in 2007.
On March 22, 2011 her grievance was allowed and the employer was ordered to pay Ms Cyr,
within 60 days:
· $8,000 for pain and suffering she experienced;
· $10,000 as a special award pursuant to subsection (53(3) of the Canadian Human
Rights Act; and
· $300 for the medical certicate.
File No. 566-02-2173
Citation: 2011 PSLrB 35
For further details, please view
http://pslrb-crtfp.gc.ca/decisions/fulltext/2011-35_e.asp
Lydia
Lydia E. Neilson, M.S.M. , Founder
Chief Executive Officer
NATIONAL ME/FM ACTION NETWORK
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