In Gulick v. Ottawa Police Service, 2012 ONSC 5536, the Ontario Superior court confirmed that an employee with "anger management issues" was not disabled for the purposes of the Ontario Human Rights Code and thus not entitled to accommodation.
Specifically, the court stated the following in this case, which involved the dismissal of a police officer:
 While the incident giving rise to the disciplinary hearing did involve
some consumption of alcohol and medications, the Hearing Officer found as a
fact that the incident was triggered by anger management issues with which the
applicant had been struggling for several years. The Hearing Officer found
that alcohol was, at most, an exacerbating factor. We are not aware of any
jurisprudence which has established that anger management issues will support a
finding of disability. read more »
Complaint into RCMP workplace harassment initiated by Commission for Public Complaints Against the RCMP
The Commission for Public Complaints Against the RCMP, a federal body housed in Public Safety Canada department, has initiated a complaint and investigation into RCMP workplace harassment.
The November 16, 2011 news release announcing the complaint states:
Ian McPhail, the Interim Chair of the Commission for Public Complaints Against the RCMP (Commission) has initiated a complaint and a public interest investigation into the conduct of RCMP members regarding the handling of allegations of harassment within the workplace.
"I am satisfied that, given recent events, there are reasonable grounds for me to conduct a review of RCMP procedures pertaining to workplace harassment," said Mr. McPhail. read more »
BC arbitrator addresses whether existing employees can be required to submit to periodic criminal record checks
In the May 14, 2010 labour arbitration decision in Vancouver (City) v. Vancouver Firefighters' Union, Local 18 (Police Records Checks Grievance),  B.C.C.A.A.A. No. 81, a BC arbitrator addressed whether an employer could introduce a policy that would require unionized employees in certain designated positions to submit to updated criminal record checks every five years.
Jennifer Roper, at Roper Greyell in Vancouver, has written an article about this decision ("Can Employees be Required to Submit to Criminal Record Checks?") for the firm's September 2010 newsletter. read more »
Former Vancouver police officer obtains $2 million out of court settlement in wrongful dismissal case
Both the Vancouver Sun and Globe and Mail newspapers carried stories this week about former Vancouver police officer Allen Dalstrom obtaining a $2 million out of court settlement in relation to a wrongful dismissal case.
This is a significant settlement in any wrongful dismissal case, particularly one involving a police officer who is reported to have been earning about $100,000 a year.
Although this week's media stories provide a lot of the colour about the case, I relied mainly on the decision in Dalstrom v. Organized Crime Agency of BC, 2008 BCSC 844, which dealt with a pre-trial application, for my summary of the facts and proceedings below.
Dalstrom was a long term police officer with the Vancouver Police Department. In 2000, he was recruited to join the Organized Crime Agency of British Columbia ("OCABC").
The OCABC is responsible for combating organized crime in BC and Dalstrom was appointed supervisor of the Outlaw Motorcycle Gang Team. read more »
Off-duty transit officer entitled to workers' comp benefits for injuries sustained confronting intoxicated driver
The Vancouver Sun published a story today ("Off-duty transit officer wins precedential injury compensation") about a recent BC Workers' Compensation Appeal Tribunal decision in which a transit police officer was awarded workers compensation benefits for injuries he sustained, on a day-off, confronting an intoxicated driver.
The Sun's story was spurred by a news release issued yesterday by the transit police officers' union, the Canadian Office and Professional Employees' Union, Local 378 (COPE 378).
The WCAT decision (WCAT-2010-01816) was issued on June 30, 2010. As noted in the decision, the issue before the panel was "whether or not the worker's multiple soft tissue injuries arose out of and in the course of his employment entitling the worker to compensation under section 5(1) of the Act.". read more »
Industrial inquiry commission delivers report on BC Ambulance Service, including appropriate collective bargaining structure
The industrial inquiry commission reviewing different service delivery and operational models for the BC Ambulance Service, including options on an appropriate collective bargaining structure, delivered its report to the BC Minister of Labour on January 15, 2010, according to this January 18, 2010 news release from the government.
The report was written by Chris Trumpy, a long time public servant who was the Deputy Minister of Finance before retiring in 2009.
In addition to the appropriate collective bargaining structure, the Trumpy report examines issues relating to staff recruitment, training and retention; staff workload and occupational health and safety; deployment strategies; and total compensation for paramedics and dispatchers.
The non-binding report has been provided to CUPE Local 873, the union representing BC's paramedics and dispatchers, and their employer, the Emergency and Health Services Commission. read more »
Leave to appeal to Supreme Court of Canada filed in case concerning Tribunal's authority to award legal costs
In Canada (Attorney General) v. Mowat 2009 FCA 309, the Federal Court of Appeal ruled that the Canadian Human Rights Tribunal does not have authority to award legal costs to successful complainants.
This overturned the Tribunal's November 2006 decision, in which it had awarded the complainant $47,000 on account of her legal costs plus interest from the date of the decision to the date of payment.
The Supreme Court of Canada's website shows that the Canadian Human Rights Commission has now filed an application for leave to appeal the case to the Supreme Court of Canada.