The applicant, a seasonal worker at a sandstone quarry, suffered a workplace injury and received WSIB benefits.
He alleged that the employer failed to accommodate his disability and discriminated against him by not recalling him for the following season.
The employer claimed the applicant had resigned.
The Tribunal found the applicant's evidence more credible, concluding he did not resign and that the employer's decision not to reemploy him was motivated by his disability.
The Tribunal awarded $10,000 in general damages against the employer and its business manager jointly and severally, but dismissed the claim for lost wages and the claim against a related company.
