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North Bay, Ont., woman was discriminated against when she was fired, tribunal rules

North Bay, Ont., woman was discriminated against when she was fired, tribunal rules

CTV
Saturday, January 28, 2023 04:51:38 AM UTC

The manager of a Tim Hortons in North Bay was wrong to fire a long-term employee because of her physical limitations, the Human Rights Tribunal of Ontario has ruled.

The manager of a Tim Hortons in North Bay was wrong to fire a long-term employee because of her physical limitations, the Human Rights Tribunal of Ontario has ruled.

The tribunal awarded the woman more than $35,000, including $20,000 for “injury to her dignity, feelings and self-respect.”

The woman was 61 when she was let go in November 2017. She had worked at the restaurant for 18 years. She appealed to the tribunal, alleging “discrimination because of disability and/or age contrary to the Human Rights Code,” according to the transcript of the proceeding.

In response, the employer argued that her physical limitations had gotten to the point she could no longer perform basic duties. Under the law, employers are required to accommodate people with disabilities only “up to the point of undue hardship.”

The tribunal hearing was held in August 2022 and the decision was released earlier this month.

Problems began when the woman developed serious shoulder and knee pain in 2016.

“These medical conditions … were causing her physical limitations at work,” the transcript said.

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