Available on Hicks Morley Website
Discusses case of Bellehumeur v Windsor Factory Supply Ltd, ONCA, in which a terminated employee subsequently discloses a disability - decision states that no discrimination had occurred and employer's have a right to take disciplinary action as required.
Discussion of Pourasadi v Bentley Leathers decision of the HRTO, in which employer's duty to accommodate did not extend to permanently altering the essential duties of the position, or to assigning the essential duties to other employees; physical restrictions in the workplace.
Elk Valley analysis, prima facie case of descrimination was not made out, in which an employee did not disclose his cocaine use; authors provide a succinct section of 'implications for employers', in which safety, policy, and clarity (in termination letter) is highly valued within employer and employee interactions.
Court awarded damages for breach of human rights in addition to damages for failure to provide reasonable notice. Held that the employees injury was at least part of the reason for termination and therefore the employee had been discriminated against as well the employer was disingenuous at times failing in its duty to act fairly in dismissing an employee.