The complainant, who was born with a shorter and weaker left arm and a left hand with four digits, was hired as a general labourer and assigned to work as a coil tester.
After working for about an hour, the employer sent him home due to safety concerns and subsequently terminated his employment, assuming he could not safely perform the job.
The Board of Inquiry found that the employer discriminated against the complainant on the basis of handicap.
The employer failed to establish a defence under section 17 of the Human Rights Code because it took no steps to assess the complainant's actual capabilities or to determine if he could be accommodated without undue hardship.
Expert evidence demonstrated that the complainant was fully capable of performing the essential duties of the job.
The Board awarded the complainant $957.60 for lost wages, $4,000 in general damages for humiliation, interest, and ordered the employer to provide human rights training for its management.
