Federal labour board orders government to pay $28,000 over PTSD accommodation denial

A federal labour board has ordered the government to pay $28,000 to a public servant diagnosed with PTSD after it "recklessly" denied his remote work request, marking a significant rebuke of how Ottawa applied its return-to-office mandate.

In a decision dated June 19, the Federal Public Sector Labour Relations and Employment Board found that Innovation, Science and Economic Development Canada (ISED) had discriminated against the employee after getting "tunnel vision" in applying the federal government's return-to-office policy. The board awarded $10,000 in damages for reckless conduct and another $18,000 for pain and suffering. It also ordered ISED to allow the employee to work remotely for at least two years and to cover his full salary dating back to May 30, 2024, when he went on leave without pay.

The employee, a computer engineer at ISED's Communications Research Centre, had requested to continue working from home after the Treasury Board updated its hybrid work rules to require public servants in-office two or three days per week. He cited the need to care for his severely autistic brother who lives in a group home outside Ottawa. When his initial request was denied, he submitted a medical accommodation request with a doctor's note and a psychiatric functional abilities form stating he was fit to perform his duties only if working remotely.

An internal government committee rejected the accommodation anyway, suggesting alternatives including a noise-cancelling headset, a cubicle away from colleagues, and attendance on "less busy days when possible." Board member Christopher Rootham found this response particularly problematic, writing that ISED "ignored the cognitive dissonance of its approach" — stating telework was a last resort while simultaneously proposing to isolate the employee in the office.

The employee's therapist, whom he had been seeing every two weeks since January 2022, reported that specific traumatic experiences had left him with chronically activated symptoms including hypervigilance and emotional dysregulation. A psychiatrist made an official PTSD diagnosis in February 2024 and warned that any change in work situation could cause relapse. Rootham found no evidence that ISED had even read the therapist's letter.

The ruling comes as HighOnCity reported in June that return-to-office plans have stalled across the federal public service due to desk shortages, and in July that most federal public servants were required to be at the office four days weekly as of early August.