Chamberlin v. 599273 Ontario Ltd.

1989-06-16

Ontario Board of Inquiry

Brett Chamberlin Complainant

v.

599273 Ontario Limited carrying on business as Stirling Honda and Allan Pearson Respondents

Date of Decision: June 16, 1989

Before: Ontario Board of Inquiry, Ian C. Springate

Comm. Decision No.: 366

Appearances by: Brett Chamberlin, on his own behalf Mark Frawley, Joanne Rosen, Anthony Griffin and Deirdre Rice, Counsel for the Ontario Human Rights Commission Clyde Halford, Counsel for the Respondents

DISABILITY — EMPLOYMENT — employer's failure to assess disabled complainant's ability to return to work prior to termination — MENTAL DISABILITY — automotive business manager terminated on basis of adjustment disorder with depressed mood

Summary: The Board of Inquiry finds that Stirling Honda and Allan Pearson discriminated against Brett Chamberlin because of a mental disorder when they terminated his employment in June 1985.

Mr. Chamberlin was employed by Stirling Honda in 1985 to sell financing contracts, extended warranties, and rustproofing to clients of the car dealership. After a few months in his new job, Mr. Chamberlin's sales figures dropped. He was upset by a recent divorce and continuing disputes regarding maintenance payments and visits with his child. He was also working very long hours. Mr. Chamberlin visited his doctor complaining of depression, weight loss, and crying spells. He was advised to take a brief vacation, which he did in June 1985.

When he returned to work, his employer, Allan Pearson, refused to return him to his former position, but offered him work as a car salesman. Mr. Chamberlin declined and was fired.

The Board finds that Sterling Honda discriminated against Mr. Chamberlin because of a mental disorder. Mr. Chamberlin should have been allowed to return to his former position on return from his vacation, and only removed from it if he was in fact unable to perform the duties of the job at that time.

The Board orders Sterling Honda to pay Mr. Chamberlin $2,500 to compensate him for the discrimination.

Cases Cited

Belliveau v. Steel Company of Canada (1988), 1988 CanLII 8876 (ON HRT), 9 C.H.R.R. D/5250 (Ont. Bd.Inq.): 36

Cameron v. Nel-Gor Castle Nursing Home (1984), 1984 CanLII 5045 (ON HRT), 5 C.H.R.R. D/2170 (Ont. Bd.Inq.): 35

Catelli Inc. and Syndicat International des travailleurs et travailleuses de la boulangerie,