'If you don't show up you are fired': Text exchange costs restaurant owner $15,000
A small Ontario restaurant violated human rights law when its owner terminated a server with cerebral palsy after she requested time off for a medical appointment, according to a Nov. 6, 2025 decision by vice-chair Cyndee Todgham Cherniak of the Human Rights Tribunal of Ontario.
Michelle Tompkins, who worked part-time at Peninsula Grill in Georgian Bluffs, was fired in May 2018 following a text message exchange with owner Denis Davis about attending a scheduled doctor's visit.
The tribunal awarded Tompkins $15,000 in compensation for injury to dignity, feelings and self-respect, plus $407.68 for lost wages.
Tompkins disclosed her cerebral palsy during her February 2018 job interview, explaining she could only work 25-30 hours bi-weekly due to pain and stiffness. The restaurant initially agreed to these limitations and hired her as a server.
On May 28, 2018, Tompkins texted to inform the restaurant she had a medical appointment on May 30 and had arranged shift coverage. Davis responded, "If you don't show up you are fired."
When Tompkins referenced her medical appointment, Davis texted back, "Yes I can fire you for any reason u haven't been there 3 months not only that u originally had wed off don't take me for a fool. Besides you were the next person to be fired anyway with your work attitude with customers."
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