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Medical evidence of a mental health condition is not, in itself, sufficient grounds to explain or justify workplace misconduct in the form of an employer’s failure to accommodate. More is required. A union and/or an employee must be able to present medical evidence that establishes a persuasive link or nexus between the disability and the workplace behaviour in order to successfully advance a grievance or a complaint. The best evidence would likely come, not from a family physician, but from a psychologist or a psychiatrist who would have the professional training to assess the state of an employee’s mental health and cognitive abilities in the circumstances.
