Alberta Tribunal Orders Lifemark Health to Pay Over $1 Million to Former Physiotherapist
An Alberta human rights tribunal ordered Lifemark Health to pay former physiotherapist Volpi over $1 million in lost wages and damages for injury to dignity after finding the employer discriminated against him by delaying his mental health leave and accepting his resignation without investigating its connection to his Bipolar II disorder.
An Alberta human rights tribunal has ordered Lifemark Health to pay a former physiotherapist more than $1 million following a ruling that the employer discriminated against him in connection with his 2016 resignation. The award includes $965,338.14 in lost wages, plus interest, and $40,000 for injury to dignity.
The employee, identified as Volpi, worked at Lifemark’s Calgary clinic for approximately 16 years and had been diagnosed with Bipolar II disorder. In 2016, he repeatedly requested mental health leave, but the start of that leave was delayed due to vacation scheduling issues. Volpi abruptly resigned while experiencing a hypomanic state just one day before his requested leave was scheduled to begin.
The Alberta Human Rights Tribunal found that Lifemark Health discriminated against Volpi by delaying the accommodation of his requested leave and by accepting his resignation without investigating whether it was connected to his known disability. However, the tribunal rejected broader allegations made by the applicant regarding workplace harassment and a toxic environment.
In calculating the lost wage award, the tribunal based its decision on a recovery period of approximately 10 years, rather than the 24 years sought by the applicant. For comparison, a traditional wrongful dismissal claim in similar circumstances would generally be limited to roughly two years of compensation.
In addition to the financial awards, the tribunal ordered Lifemark Health to implement an accommodation policy at its clinic. The case highlights the significant financial risk employers face if they fail to inquire about potential connections between an employee's disability and their resignation, and demonstrates that human rights compensation for prolonged loss of employment income can exceed traditional wrongful dismissal damages.