NC-280 - Medical Discharge

The Appellant appealed the Respondent’s decision ordering his discharge from the Force on medical grounds. The Appellant was on medical leave for a period of two years before the Decision was issued. During this period, on three occasions, he unsuccessfully attempted to gradually return to work with an O4 medical profile, which indicated that he was temporarily fit for administrative duties with limitations. Based on a recommendation from the Health Services Officer following the three failed attempts to return to work, the Appellant was assigned an O6P medical profile, rendering him permanently unfit for any duty within the RCMP. The discharge process was initiated and the Decision was ultimately issued. The Respondent found that, in the circumstances, all conditions for an administrative discharge for failing to meet employment requirements had been met.

The Appellant submits that the Decision is procedurally unfair, is based on an error of law, and is clearly unreasonable. With regard to procedural unfairness, the Appellant submits that the Respondent admitted to having a private consultation with the Health Services Officer, which he only became aware of upon reading the Decision. The Appellant argues that the Respondent’s failure to disclose that such a private consultation occurred, as well as the information obtained during the consultation, violates his right to be heard and constitutes a serious breach of procedural fairness.

The ERC found that the Respondent violated a key principle of procedural fairness. The ERC found that the exchange between the Respondent and the Health Services Officer represents a private consultation about the Appellant’s medical profile from which he was excluded, thus depriving him from the knowledge of its occurrence, as well as the opportunity to respond to it. The ERC found that the Appellant’s right to be heard has therefore been breached as a result of the Respondent’s actions.

The ERC recommends that the appeal be allowed; the Decision be set aside; the Appellant be reinstated into the RCMP with retroactive pay and allowance since the date of his discharge.