Paul Sebunya

The complainant, a probationary labourer, lacerated his hand while off work and requested light duties.

The respondent terminated his employment immediately upon receiving the request, claiming performance and attendance issues.

The Tribunal found that the complainant had a disability under the Code and that the respondent failed in its procedural duty to accommodate by rushing to judgment without making inquiries.

The Tribunal awarded $5,000 for injury to dignity, $4,760 for lost wages, and ordered the respondent to implement a human rights policy and training.

The respondents brought preliminary motions seeking to defer the human rights complaint to the union grievance process, to remove the personal respondent as a party, and to compel production of a medical note.

The Tribunal dismissed the request to defer, finding that because no grievance had been initiated, there was no proceeding to defer to.

The Tribunal granted the request to remove the personal respondent, as he was acting within the scope of his duties as plant supervisor and no prejudice would result from his removal.

The request to compel production of the medical note or strike references to it was dismissed, as the Commission could not locate the note and the issue could be addressed at the hearing.