The Court further determined the Tribunal erred when it neglected to draw an adverse
inference against the complainant for not calling his doctor or any attending physician to give evidence of his alleged disability.
Importantly, the Tribunal refused to draw an adverse
inference against the complainant, stating that the employer could have called the complainant's doctor if it wished to do so.
Not exact matches
Throughout the proceeding, the employer requested that an adverse
inference be drawn
against the
complainant for his failure to call his doctor or any attending physician to establish a disability.