Ontario employer fails to accommodate worker with cerebral palsy
The Human Rights Tribunal of Ontario has found that an employer discriminated against a former worker with cerebral palsy by failing to accommodate her medical needs.
Peninsula Grill and its proprietor, Denis Davis, have been ordered to pay $15,000 to Michelle Tompkins, a server who was let go from her post in 2018. The amount covers compensation for injury to dignity, feelings, and self-respect, as well as $407.68 in lost wages.
Tompkins, who also had other medical conditions, filed the application after she was terminated in May seven years ago. She alleged that she was dismissed after requesting a shift change to attend a medical appointment and after repeatedly asking to be scheduled within her physical limitations. According to the Tribunal, Tompkins had informed her employer at the time of hiring that she could not work more than 25-30 hours biweekly due to her disability.
The Tribunal found that, although Tompkins was initially scheduled within her stated limitations, her hours were later increased, resulting in pain and health complications. When Tompkins requested a shift change to attend a medical appointment, Davis responded by text message, “If you don’t show up you are fired.” Tompkins was terminated the following day.
Todgham Cherniak, Vice-chair of the Tribunal, wrote, “Ms. Tompkins has established a link between her request to change her shift on May 30, 2018...
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