Wesley v. 2252466 Ontario Inc. o/a The Grounds Guys, 2014 HRTO 1591
The HRLSC represented Darryl Wesley, an Indigenous man who is gay and deaf. He was working as a landscaper in North Bay, Ontario. Mr. Wesley had arrived for his first day of training with an interpreter, but the supervisor sent the interpreter home. His supervisor and fellow employees were becoming impatient about the need to use notes to communicate with Mr. Wesley. After only about six weeks, Mr. Wesley was terminated by his employer and told that he was part of a general lay-off. However, when Mr. Wesley walked by the job site, the rest of his colleagues were all still working.
The company and its representatives did not appear at the hearing. While the Tribunal awarded $18,000 for the disability-related termination and $7,500 for the poisoned environment created by remarks about his sexual orientation, the ancestry portions of his human rights application were dismissed.
The Tribunal ordered:
- $25,500 in general damages as financial compensation for the discrimination;
- $8,200 for lost wages;
- the employer must take human rights training; and
- provide a letter of reference.
Unfortunately, the company ceased operating and the Personal Respondent (the supervisor) declared bankruptcy.
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