Human Rights Tribunal dismisses discrimination complaint by Cobourg Police Constable

Cobourg Police station. By Cecilia Nasmith, Northumberland 89.7 FM News

By Dan Jones, Northumberland 89.7 FM, Local Journalism Initiative

The Human Rights Tribunal of Ontario has dismissed a discrimination complaint against the Cobourg Police Service by one of its constables.

Larry Davis was diagnosed with post-traumatic stress disorder in 2017. He attempted to return to work in 2019, but experienced recurring  symptoms. He has been on workers compensation, with employer top up since being diagnosed. Davis has been found to be “permanently restricted” from his position since that time.

He alleges “discrimination with respect to employment, contracts and membership in an occupational association on the basis of disability, as well as reprisal,” according to a March 19 decision from the Tribunal.

The Tribunal has a one-year limitation on new claims, so that the allegations can be dealt with quickly. Davis, in some allegations, is six to seven years old.

He claims “that his relationship with management “deteriorated quickly” when he served as vice-president of the police officers association and was involved in the negotiation of the collective agreement. He alleges “unfair treatment” when reprimanded for personal use of his work email. He alleges “unfair treatment” and a failure to accommodate when he went off work in 2017 and throughout his subsequent attempts to return to work through 2019,” the decision read.

The accusations, which are within time limitation, are centred on payroll deduction.

Davis represented himself at the Tribunal.

Human Rights Adjudicator Sally Ashton found that Davis “has failed to provide a factual basis that could support a finding of discrimination, or reprisal,” or that any of the events occured within the one-year filing of the application.

Ashton ruled that Davis’s role with the police officers association is not protected under employment rules as the association is a separate entity. The Tribunal may have considered Davis’s untimely claims under a good-faith explanation, however Ashton concluded that he did not demonstrate he experienced difficulties with the process, given his medical condition.

“In the circumstances, I find the applicant’s allegations of discrimination to be outside the jurisdiction of the Tribunal,” Ashton wrote.