Restaurant manager fired after hospitalization awarded $49,240 for disability discrimination under the Human Rights Code.
The applicant, a restaurant manager, was dismissed shortly after being hospitalized for a cardiac condition.
The respondents claimed the dismissal was due to poor performance and that the decision was made prior to learning of the hospitalization.
The Tribunal found that the applicant's heart disease and diabetes constituted disabilities under the Code.
The Tribunal concluded that the respondents failed to prove that performance was the sole reason for dismissal, finding that the applicant's need for a disability-related leave and his impending eligibility for benefits were factors in the decision to terminate his employment.
The Tribunal awarded $19,240 for lost wages and $30,000 for injury to dignity, feelings, and self-respect, along with public interest remedies.
Chittle v. 1056263 Ontario Inc., 2013 HRTO 1261
