Tribunal awards $2,000 where workplace injury precipitated termination, even though dismissal was otherwise inevitable.
The applicant, a casual labourer for a landscaping business, suffered a fractured finger at work and reported it, resulting in a WSIB claim.
Shortly after, his employment was terminated.
The employer cited poor performance, lack of experience, and misrepresentations on his application form as reasons for termination.
The Tribunal found that while the applicant lacked the required experience and his employment would have been terminated regardless, the workplace injury precipitated the employer's decision to check references and terminate him at that specific time.
Therefore, the injury was a factor in the termination, violating section 5(1) of the Human Rights Code.
The Tribunal awarded $2,000 for injury to dignity, feelings, and self-respect, but no lost wages since the termination was inevitable.