The applicant filed a human rights application on behalf of his brother, a grocery clerk with a cognitive disability and physical restrictions due to a back injury.
The applicant alleged the respondent employer failed to accommodate the claimant's physical restrictions by requiring him to lift heavy items and kneel.
The Tribunal found that while the employer made good faith efforts to accommodate the claimant, it breached its procedural duty by failing to provide the claimant's specific medical restrictions to his direct supervisor.
This led to a substantive failure to accommodate, as the claimant continued to perform tasks outside his restrictions.
The Tribunal ordered the respondent to pay $500 in damages for injury to dignity, feelings, and self-respect, and to clearly identify and communicate the claimant's restrictions to ensure future compliance.
