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Employer discriminated by failing to accommodate injured worker and terminating employment based on unfounded malingering allegations.
The applicant, a combo truck driver, suffered a workplace injury to his shoulder and groin.
After a period of modified work and a return to regular duties, the applicant claimed he was still disabled and requested further accommodation.
The respondent, believing the applicant was malingering and attempting to leverage his injury for better employment terms, refused to offer further modified work and effectively terminated his employment.
The Tribunal found that the issue of the applicant's disability and the initial failure to accommodate had been appropriately dealt with by the WSIB.
However, the Tribunal concluded that the respondent breached both the procedural and substantive components of the duty to accommodate when it refused to engage in further dialogue and terminated the applicant's employment.
The applicant was awarded $15,000 for injury to dignity, feelings, and self-respect, along with compensation for lost wages and retraining costs.
Request to defer human rights application denied as related WSIB proceedings were complete.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming the respondent refused to accommodate his workplace injury.
The application had been previously deferred pending a WSIB appeal.
After the WSIB issued a decision, the applicant requested to re-activate the application, which the Tribunal granted.
The respondent then requested to defer the application again, arguing there were still outstanding WSIB issues.
The Tribunal denied the respondent's request, finding that the WSIB had completed its inquiries and there were no likely outstanding decisions.
The application was ordered to be scheduled for a hearing.
