Worker claimed denial of extra benefits related to child care was family status discrimination
The Ontario Human Rights Tribunal has dismissed a worker’s application alleging that the province’s Workplace Safety and Insurance Board (WSIB) discriminated against him in employment on the grounds of family status.
The worker was an employee of the City of Hamilton who sustained an injury in the course of his employment in October 2023. He applied for and received workers’ compensation benefits from the WSIB and his employer provided modified work within his WSIB-determined restrictions on Oct. 18. His workers’ compensation benefits also included transportation to and from work.
The worker requested additional benefits involving transportation for childcare drop off, but the WSIB denied the request. As a result, he didn’t return to work. On Oct. 27, the city informed the worker that he had not been paid since his expected return to work on Oct. 19 due to his absence.
The worker made another request to the WSIB for childcare drop-off benefits as an accommodation under the ground of family status, as his workplace injury was impacting his parental responsibilities. The WSIB denied the second request, and the worker reached out to his employer and his union, who told him to contact the WSIB.
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