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The acts of sexual harassment committed by the Applicant were of such a persistent and offensive nature that in keeping with the Organization’s zero-tolerance policy he could not remain on the job. However, the Organization’s policy on care and support for persons suffering with mental illness was also clear. The Applicant’s behaviour was influenced by severe mental illness. The illness ought to have been addressed in a more timely and considerate manner by the Respondent by denying his clearance to return to work in March 2015 and in August 2016. He may then have retired due to ill-health...

The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.