Linda Vannucci

The applicant filed a human rights application alleging termination due to a workplace injury.

After retaining counsel, the applicant requested an order to amend the Application to add factual particulars, correct the respondent's name, and increase the remedy sought, as well as an extension of time to file a Reply.

The respondent opposed the request.

The Tribunal applied the factors for amending pleadings and granted the request, noting it was made at an early stage before mediation and the proposed amendments clarified the allegations.

The applicant was granted 14 days to file a Reply.

Following a finding of liability for terminating the applicant's employment on the basis of disability, the Tribunal held a hearing to determine the appropriate remedy.

The Tribunal found that the applicant's evidence regarding his job search was deceitful and lacked credibility, concluding that he largely failed to mitigate his wage loss.

The Tribunal awarded $8,195.08 for four months of lost wages and $12,500 for injury to dignity, feelings, and self-respect, which was reduced by $1,500 to sanction the applicant for presenting false evidence.

The respondents were also ordered to complete human rights training and post Human Rights Code cards in their vehicles.

The applicant, a battery technician, alleged discrimination on the basis of disability after being terminated by the respondents upon advising them he intended to file a WSIB claim for a workplace injury.

The respondents claimed the applicant abandoned his employment.

The Tribunal found the applicant's evidence more credible, concluding that he was terminated because of his injury and intention to file a WSIB claim.

The Tribunal held that the respondents discriminated against the applicant on the basis of disability in employment and directed that the hearing be resumed to address remedy.