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In advancing an argument of a causal link between workplace misconduct and an underlying disability addiction, unions must establish their case on persuasive medical evidence. In most cases, this requires the direct oral evidence of the treating physician who would have the professional ability to persuasively declare the existence of an addiction and how it is connected to the employee’s behaviour at work. In many addiction cases, post-discharge evidence of the employee’s successful rehabilitation efforts will be central to the success of an addiction accommodation claim.
