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Ouellette testified that she thought the conflict was personality based. She did not believe that Mr. X was violent; she called him a friendly, awkward person who was ridiculed and mocked by co-workers, while Emond, she said, was a hard worker with a strong personality who liked “things to be done her way.”

For eight months, the two coexisted in relative peace until Mr. X filed a harassment complaint against Emond. (One element of the complaint would be upheld, for which Emond would be reprimanded.)

I find it hard to believe that a cubicle could not be found in Ottawa in which the grievor could work

Emond found out about the complaint as she was about to depart for holidays. It led her to seek medical help for depression, fear and anxiety. She went on sick leave and her doctor referred her to a psychologist, Dr. Georges Ramsay, who told the labour relations board that although Emond’s fear was “not specific,” it was real since she firmly believed Mr. X could be violent.

Her family doctor concluded that Emond’s memory and concentration were impaired by “emotional stress” and he recommended that she be relocated to another building or be allowed to work from home.

Ouellette offered to move Emond into the seventh floor executive suite, which could only be reached by those with two security cards. Emond, however, said she didn’t feel safe working in the same building as Mr. X.

The dispute ended up before the federal government’s labour relations tribunal, which heard the case over seven days. Mr. X did not testify.

Federal lawyers argued that Emond did not suffer a disability, only stress, and that officials had offered a reasonable accommodation for that problem with a secure office.

Adjudicator Linda Gobeil, however, sided with Emond, ruling that her stress could only be relieved by moving to another building. “In the circumstances,” she concluded, “I find it hard to believe that a cubicle could not be found in Ottawa in which the grievor could work.”

Gobeil also ordered the government to compensate Emond for the wages and benefits she lost during almost two years of sick leave.