An employee who lied to and misled her employer about her
ability to perform her work as a reporter, was fired for
just cause, and arbitrator has held.
The employee severely injured her ankle while skydiving "on
assignment for a travel piece involving extreme sports". The
arbitrator found that there was no doubt that the ankle injury
resulted in a disability.
The employee told the employer that she could not drive and that
going out on assignment by taxi "wiped her out".
She also presented herself as unable to get around the workplace
without the use of two canes. Further, she presented medical
evidence stating that she could not take public transit or drive to
work due to the pain control medication she had been
prescribed. The employer obtained video footage of the
employee in which her actions were inconsistent with the abilities
that she represented to the employer. The arbitrator stated
that:
