In Gaucher v. Fraser Health Authority and others, 2019
BCHRT 243, the Human Rights Tribunal dismissed without a hearing
the human rights complaint of a nurse regarding her attempts to
return to work following an extended disability leave. In reaching
that decision, the Tribunal made several helpful comments about the
scope of the duty to accommodate and what constitutes harassment
under the Human Rights Code.
Ms. Gaucher was an emergency room nurse who was returning to
work following health issues resulting from a traumatic incident at
work. Ms. Gaucher's return to work was managed through the
Health Authority's Enhanced Disability Management Program with
assistance from WorkSafeBC and a union representative. Ms.
Gaucher's manager, Ms. Gall, who became a personally named
respondent to the human rights complaint, was also part of the
disability management team.
