Tribunal awards $6,000 for discrimination where disability was a factor in termination, despite performance issues.
The applicant, a restaurant server with multiple sclerosis, alleged discrimination in employment after his employment was discontinued following a brief trial period.
The respondent claimed the applicant was let go due to poor performance, bad attitude, and inability to work in a fast-paced team environment.
The Tribunal found that while the applicant's poor attitude and performance were the primary reasons for his dismissal, the respondent's expressed concerns about his safety at work were related to his multiple sclerosis and formed at least one factor in the decision.
The Tribunal concluded this constituted discrimination under section 5 of the Human Rights Code.
However, because the employment would have been terminated in any event for non-discriminatory reasons, including reported drinking on the job, no lost wages were awarded.
The respondent was ordered to pay $6,000 for injury to dignity, feelings, and self-respect, and management was ordered to complete human rights training.