Mail carrier allegedly exposed himself

Was firing too harsh for long-time employee with an otherwise clean record?
|Canadian Employment Law Today

This instalment of You Make the Call looks at a case where a long-serving employee with a previously clean record was fired for indecently exposing himself to a customer and subsequently refusing to attend a medical examination arranged by the employer.

The worker, a mail carrier, had worked for Canada Post for 15 years without any performance or disciplinary issues. On Oct. 22, 2004, Canada Post received a complaint from a customer that he had exposed his genitals to her while delivering a parcel. After being confronted, the employee denied it and left work early, indicating he was going to see his doctor. He was immediately suspended until Canada Post could investigate the complaint and determine if it was safe to allow him to be in contact with customers and co-workers. Canada Post wanted to see a medical assessment before it allowed him to return to work.

Canada Post did not receive any adequate medical information regarding the worker over the next few months. It sent a series of letters to the employee indicating he would be disciplined if the medical information was not submitted. The employee’s doctor sent a brief report and also responded to a questionnaire sent by a staff psychiatrist but the information was not adequate.