The Plaintiff sought default judgment against the Defendant for wrongful dismissal, discrimination under the Human Rights Code of Ontario, aggravated damages, and damages for inconvenience.
The court granted default judgment, finding the Plaintiff was wrongfully dismissed when her request to work from home to protect her husband's health (due to his disability) was refused, leading to her termination.
This was deemed discrimination based on association with a disabled person under s. 12 of the Human Rights Code.
The court awarded damages for wrongful dismissal, human rights breach, aggravated damages for the high-handed manner of dismissal, and damages for inconvenience caused by an incorrect Record of Employment.
Costs were awarded on a partial indemnity basis.
