(Gender, disability, association and reprisal)

Ms. Knibbs and Ms. Long were both fired from their jobs as bartenders at the Brant Artillery Gunners Club. While Ms. Knibbs was on a medical leave, she was demoted from full-time to part-time status, had confidential medical information about her publicized, and was laid off. When she filed a human rights claim, she was accused of theft and reported to the police. Ms. Long had her hours reduced after she became pregnant and had a temporary disability.

The Tribunal found that “the cumulative effect of the Respondents’ discriminatory actions and the threat of reprisal effectively ended Ms. Knibb’s employment with the Club. The work environment and employment relationship were so poisoned by the Respondent’s actions that Ms. Knibbs could not have returned to her position.” The Tribunal also found that the Respondent’s letter to the police “was an act of reprisal against Ms. Knibbs.”

With respect to Ms. Long, the Tribunal found the employer did not give any consideration to accommodating her temporary disability. The Tribunal also found that the refusal to allow Ms. Long to work at night relied on stereotypes about pregnant women and was discriminatory.

The Tribunal ordered:

  • $20,000 and $13,000 respectively to both Applicants for the loss of the right to be free from discrimination
  • Compensation for their lost income, $16,083.99 and $6,084 respectively
  • Compensation to Ms. Long for any lost EI maternity/parental benefits as a result of having fewer insurable hours
  • The Club to retain a consultant with expertise in human rights to assist in drafting and implementing a policy on harassment and discrimination, including components on disability, pregnancy, reprisal, association, and the duty to accommodate
  • The Club’s officers, committee chairpersons, managers, and supervisors to complete the Ontario Human Rights Commission’s online training module on human rights and provide copies of the certificates of completion to the Applicants.

To read the full decision, visit CanLII