Employer discriminated by ignoring medical clearance, but damages reduced due to employee's failure to communicate.
The complainant, a coal handler, suffered a shoulder injury and was off work on compensation.
After receiving medical clearance from his personal physician to return to work, the respondent employer refused to reinstate him, relying on an earlier assessment indicating he could not perform over-the-shoulder lifting.
The Board of Inquiry found that the employer discriminated against the complainant by failing to properly investigate the new medical clearance.
However, damages were significantly reduced to $2,000 because the complainant was negligent in failing to promptly clarify his medical status with the employer.
Belliveau v. Steel Co. of Canada, 1988 CanLII 8876
