Tuesday, October 30, 2012

Human Rights Tribunal rules that Thrifty's discriminated on the basis of disability

Mackenzie v. Jace Holdings is a decision issued  last week where the Human Rights Tribunal upheld a complaint by a former employee of Thrifty's who had suffered from depression most of her life that she had been improperly dismissed because of her disability.    This is a case that illustrates that an employer has a duty to inquire into whether an employee's inappropriate behaviour is linked to a mental health issue.  Where the employer fails to make such inquiries and proceeds to terminate or otherwise discipline an employee it runs the risk of being found in breach of the Human Rights Act and of failing to accommodate the disabled employee. 

No comments: