Victory for employee with ‘perceived’ disability
Incorrectly believing she had contracted tuberculosis, an employee informed her employer of her condition and was dismissed by her employer shortly afterwards. JP Zubec successfully represented the employee before the Human Rights Tribunal of Ontario. The Tribunal confirmed that the protections under the Ontario Human Rights Code extend to people with perceived disabilities. The Tribunal ordered the employer to pay the employee $20,000 in general damages and 13.5 months’ of lost wages and benefits. In addition, the Tribunal asked the parties to make submissions on whether it could order the employer to pay the employee’s wages and benefits from the date of the hearing to the date the employee would have otherwise retired. The parties reached a confidential settlement before making submissions on that issue: McLean v. DY 4 Systems, 2010 HRTO 1107 (CanLII).