In Brewers Distributors Ltd v. Brewery, Winery and Distillery Workers, Local 2 (Banwait Grievance), [2024] B.C.C.A.A.A. No. 115, Arbitrator Sullivan upheld the termination of a worker who misrepresented his medical restrictions.
The grievor claimed he could only work 6.5-hour graveyard shifts due to a medical condition. Although initially accommodated, the employer grew suspicious and scheduled him for standard 9.5-hour shifts. He called in sick each time. After an injury claim during a mistakenly scheduled graveyard shift, he submitted medical notes indicating severe disability. Surveillance later showed him acting contrary to those claims.
Despite being shown the footage, the grievor insisted he was following medical advice. The arbitrator found he had likely misled his healthcare providers and was dishonest in his disability claim. The fact that his WorkSafeBC claim was approved did not outweigh the surveillance evidence.
The arbitrator concluded that the dishonesty struck at the core of the employment relationship and justified discharge. He rejected the argument that addiction mitigated the misconduct, emphasizing that it did not excuse deceit.
Key takeaways:
Medical notes are not immune to scrutiny where dishonesty is suspected. Fabricating or exaggerating disability is grounds for just cause dismissal
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