ADDICTION NOT CAUSAL FACTOR IN EMPLOYEE’S MISCONDUCT, THEREFORE, NO DISCRIMINATION

July 26, 2010

The Applicant firefighter alleged that he was discriminated against on the basis of a disability when his Employer suspended and then terminated his employment for behaviour “relating to an alcohol addiction”.

The Employer City admitted to terminating the employee for off-duty criminal misconduct (specifically, eight (8) criminal convictions between 1992 and 2007), but denied any knowledge of an alcohol addiction. Alternatively, the Employer argued that there was no nexus between the alleged disability and the misconduct.

At the hearing, both parties agreed, based on the medical information made available, that the Applicant suffered from an addiction to alcohol.

The Tribunal notes in cases involving an addiction, misconduct and discipline and/or termination of employment because of the misconduct, it is well established that the employee must prove that there is a causal relationship between the misconduct and the addiction. In this regard, the Tribunal confirmed that it is important not to assume that addiction is always a causal factor in an addicted employee’s misconduct. To find prima facie discrimination, there must be evidence that the employee’s misconduct was caused by symptoms related to the disability.

In concluding that there was no causal relationship or nexus between the addiction and the criminal misconduct, the Tribunal found that:

1. the employee had provided few details relating to his criminal convictions, including whether he was actually impaired by his addiction when he committed the criminal acts;

2. the medical report addressing the criminal acts made only a bold statement about the causal relationship and did not specifically explain how his criminal misconduct was causally related to the addiction to alcohol; and,

3. the employee failed to attribute his criminal misconduct to an addiction to alcohol.

In the Tribunal’s view, the Applicant had failed to prove that the Respondent’s actions constituted discrimination on the basis of disability. Moreover, the Tribunal accepted the criminal behaviour was most likely related to his personality and values, particularly, his values about male/female relations, rather than an addiction to alcohol.

Practical Application

The mere existence of an addiction, even if constituting a disability under the Code, does not automatically excuse an employee’s misconduct. Evidence must establish that the disability or addiction actually caused the misconduct for which the employee was disciplined or terminated in order to establish a discrimination claim.

Please contact any member of our Labour Department if you require any assistance relating to discrimination, disability and/or managing misconduct within your workplace.

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