Lessons from Beyond the Pond: a Canadian Perspective on Performance, Mental Health & Discrimination in the Workplace

by Lizel Van Deventer - Director and International Employment Law Specialist

Canada is famous for many things—its stunning natural landscapes, its warm hospitality, and, of course, its maple syrup. But beyond these iconic symbols, Canada also boasts a well-developed framework of laws that set a global standard for combating workplace discrimination. The Morris v. British Columbia Railway Co. case remains a prime example of how Canadian legal principles address the complex intersection of performance management and disability accommodation.

Depression, a condition that affects approximately 280 million people worldwide according to the World Health Organisation, is one of the most misunderstood challenges in the workplace. It often manifests in ways that can be mistaken for poor performance, creating a minefield for employers who must navigate both operational demands and legal obligations. This Canadian case offers valuable lessons, not only for employers within its borders but for those around the world seeking to strike a balance between accountability and inclusion.

The story of Richard Morris, a car inspector for British Columbia Railway, illustrates this challenge vividly. Over time, his work performance began to decline. Errors increased, deadlines were missed and concerns about safety and reliability mounted. These issues culminated in his termination, which the employer claimed was based solely on performance. However, Mr. Morris suffered from depression and anxiety, conditions which the company was aware of, but failed to adequately consider in its decision-making process.

The employer neglected to investigate whether Morris’ performance issues were linked to his disability. No medical assessments were sought, and no accommodations were offered to help him manage his workload or to mitigate the effects of his condition. Instead, the company focused exclusively on his perceived shortcomings, ultimately terminating his employment without exploring alternatives.

The Human Rights Tribunal of British Columbia found in favour of Mr. Morris, ruling that the employer’s actions constituted discrimination. The tribunal highlighted the employer’s failure to fulfill its duty to inquire into the connection between Mr Morris’ disability and his performance challenges. It also underscored the lack of reasonable accommodations, which are required under Canadian law unless they impose undue hardship on the employer. The tribunal’s decision emphasises a core principle: performance issues cannot be assessed in isolation when disability is involved.

This case is a compelling reminder of the high standards employers must meet, and the lessons extend far beyond Canada. Jurisdictions worldwide with robust anti-discrimination laws, such as the United States, Australia, South Africa and the European Union, impose similar obligations on employers to accommodate employees with disabilities. But compliance is only part of the equation. Businesses that adopt a compassionate and proactive approach not only avoid legal pitfalls but also foster inclusive workplace cultures that benefit employees and employers alike.

The key take aways:

1. Recognise the duty to inquire when performance issues may be connected to a disability. This means engaging in open, respectful conversations with employees and creating a safe space for disclosure.
2. Actively explore reasonable accommodations, such as adjusting workloads, offering flexible schedules, or providing additional training and support where practicable.
3. The importance of documentation cannot be understated - it is critical. Every step taken to address performance and provide accommodations should be carefully recorded. Consulting medical professionals or occupational health specialists can provide valuable insights and ensure that decisions are informed and fair.
4. Naturally termination should always be the last resort, especially when a disability is involved. If it becomes unavoidable, ensure that the reasons for dismissal are well-documented, objective, and unrelated to the disability.
5. Although not always ideal, exploring enhanced severance packages or mutual separation agreements are helpful tools in ensuring a a clean exit and may mitigate potential legal risks intrinsically involved in discrimination disputes.

The Morris case demonstrates that addressing performance issues is not just about enforcing standards—it’s about understanding the human experience behind those issues. By prioritising dialogue, accommodation and fairness, employers can navigate these challenges with integrity and create workplaces where all employees have the opportunity to thrive.

Canada’s workplace laws, like its maple syrup, offer something truly remarkable: a blend of sweetness and strength. For employers around the world, the lessons from beyond the pond serve as a powerful reminder of the value of compassion, fairness, and inclusion in the modern workplace.