Where a GMO assessment is requested to determine fitness for a position, the referral must clearly identify the inherent requirements of that position and ask the medical assessor to consider what reasonable adjustments could enable performance of those inherent requirements.

Where a medical practitioner completes an approved exemption form certifying a medical contraindication to vaccination, the exemption operates only if the person objectively has a medical contraindication in fact, not merely because the form is completed. The mere completion of the approved form on the basis of identification of an alleged medical condition that is not, in fact, a medical contraindication, is insufficient to satisfy exemption provisions.

Where an employee's illness affects performance, the illness should be taken into account as a mitigating factor for a reasonable period of time in assessing whether a disciplinary response is fair and proportionate, though it does not excuse poor performance indefinitely.

Medical evidence of a condition that prevented filing is required where an applicant relies on health grounds for delay; a medical certificate showing unfitness to work only until shortly after dismissal does not support a claim that medical condition prevented later filing when the applicant was able to correspond with the employer.

An employer has the right to require employees to provide medical evidence of a particular type and quality to support exemption from compliance with the employer's policy, and this raises questions in the public interest.

A party in default of court orders who seeks to excuse non-compliance by reference to medical incapacity must provide sufficiently cogent evidence of the nature, extent, and effects of the alleged condition, particularly where the excuse arises late and after significant delay has already occurred.

Expert medical evidence may be used to establish capacity or incapacity for employment-related duties.

Loss of employment is a serious event often accompanied by feelings of stress, shock or confusion.

Medical evidence that some condition affected an applicant in such a way as to cause, contribute or explain the delay may, depending on all the circumstances, weigh in favour of the Commission being satisfied that exceptional circumstances exist.

There are no categories of illness or disability that will automatically result in the Commission being satisfied that exceptional circumstances exist.

There are no categories of illness or disability that will automatically result in the Commission being satisfied that exceptional circumstances exist.

More than lay person opinion is required to support a claim that a person was medically incapacitated; compelling medical evidence is required.