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Human rights application dismissed; layoff upon return from medical leave justified by genuine economic downsizing.
The applicant alleged discrimination on the basis of disability after being laid off upon his return from an 18-month medical leave.
The employer argued the layoff was part of a genuine company-wide downsizing due to the loss of major clients.
The Tribunal found no direct discrimination, as the layoff was justified by economic circumstances.
While the employer's need for 'continuity' adversely affected the applicant due to his lengthy absence, the Tribunal held that accommodating him through a re-orientation period or displacing other employees would have caused undue hardship given the severe business downturn.
The application was dismissed.
