What are the allegations relating to disability and demotion made in an application for a long-term disability?

The allegations relating to disability mostly relate to the applicant's work assignment on his return to work and alleged comments about his work performance. He has not shown any connection between the assignment or the comments and the ground of disability. The applicant also asserts that he was relocated to a different work location contrary to the recommendation of his physician. He has not provided any documents to support this assertion and consequently it is simply a bald allegation. This leaves his allegation that he was asked to voluntarily demote himself from a manager position because of his medical history. The applicant states that he was told that if he did not do so voluntarily, “there were ways that it could be done” and that if he returned to his original position the employer “would find a way” to demote him. The alleged comments relate to discussions about modified duties and return to work arrangements. A change in positions or a reduction in pay as part of accommodating a disabled worker is not automatically considered discriminatory (Duliunas v. York-Med Systems, 2010 HRTO 1404 at para. 72). The allegation of a threat of demotion is not sufficiently developed in the Application to demonstrate a reasonable prospect of success. As noted, the applicant did not provide a summary of his intended testimony that would have explained the context of these alleged comments. Depending on the circumstances, an employer can demote an employee if a job cannot be modified to meet the employee’s limitations. At the time of the discussion there was no agreement that the applicant would be returning to his original position. The applicant and the respondent were discussing a modified return to work, not an immediate return to his original position. The applicant did not agree to a demotion, nor was he demoted. In fact, shortly after this alleged conversation, he went on long-term disability.