The plaintiff, a former foreperson for the TTC, claimed he was constructively dismissed after the TTC failed to accommodate his request for an exemption from its mandatory COVID-19 mask policy.
The plaintiff alleged that wearing a mask exacerbated his migraine disorder and caused dyspnea and palpitations.
The court dismissed the constructive dismissal claim, finding that the plaintiff failed to establish a prima facie case of discrimination because there was no medical evidence linking his migraine disorder to his inability to wear a mask.
The court held that the plaintiff repudiated his employment contract by refusing to comply with an essential condition of his job.
The plaintiff was awarded $2,792 for one week of unpaid sick leave that the TTC had previously agreed to pay.
