Case information

Charter of Rights – Right to equality – Discrimination – Applicant’s employment terminated on basis of misconduct in relation to her sick leave – Whether labour relations procedures were impartial and unbiased – Whether applicant suffered discrimination on basis of physical disability

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Ms. Zakreski is a school teacher whose employment was terminated for cause based on her alleged misconduct in relation to her ongoing claims for sick leave. From August 2006 until 2012, Ms. Zakreski had been taking the time she was required to teach every Friday afternoon as partial sick leave. The employer granted her partial sick leave each of those years relying on her doctor’s medical notes that indicated she had health problems, without asking for additional information. In 2012, however, the employer formally asked her for additional medical information to substantiate her ongoing sick leave request. Her physician completed a report that for the first time referred to her as having a chronic sleep disorder. It alleged that Ms. Zakreski required the weekly sick leave to enable her to work four full days each week. A formal investigation into her suspected sick leave abuse resulted in the termination of her employment for misconduct. The union’s grievance of her dismissal was denied, as were Ms. Zakreski’s applications for reconsideration. She sought judicial review of those decisions. The respondents’ application to strike her application for judicial review was granted. The Court of Appeal dismissed Ms. Zakreski’s appeal.