Ben Saad v. 1544982 Ontario Inc., 2017 HRTO 1
Ben Saad came to Canada from Tunisia to support his family. After an accident at work, the employer fired him for “attendance” problems. The HRLSC represented Mr. Ben Saad in his hearing at the Human Rights Tribunal of Ontario. The Tribunal found the employer fired Ben Saad because of “his attendance record, which I find was as a result of his injury and resultant disability.”
“He had a dream to bring his wife and children to Canada, which ended with his termination,” reads Vice Chair Kershaw’s decision. “He testified he saw racism and the worst disrespect in the last two years and was destroyed,” continued the decision.
The Tribunal found a clear connection between the injury and the firing. The Tribunal did not also conclude the discrimination was based on his country of origin, although the HRLSC argued this worker’s particular vulnerability was inextricably tied to his status as a migrant worker.
The Tribunal ordered:
- $20,000 in financial compensation for the discrimination;
- the respondent must hire a consultant with expertise in human rights to develop a human rights policy;
- the company must provide a copy of it to all employees and the applicant within six months of the date of this Decision; and
- the company’s owners, managers and employees in the human resources department must take on-line training human rights training.
To read the full decision, visit Canlii