Ms. Simpson needed temporary modifications to her job at Tim Hortons after experiencing two work-related injuries. After initially complying with the restrictions set out by Ms. Simpson’s doctor, her employer became impatient and demanded that the employee return to her pre-injury job. When she insisted on following her doctor’s instructions, the employer began to harass her daily, alleging that she was faking her injuries.

The Tribunal found that the individual Respondent spoke to Ms. Simpson on multiple occasions demanding that she return to work when she felt she was medically unable to do so. The Tribunal held that “this alone would constitute a course of vexatious behaviour. Moreover, it is common ground that on the last occasion the individual Respondent spoke directly to the Applicant and suggested to her that if she was found to have defrauded the WSIB, she would have to pay the WSIB back. This was sufficiently upsetting that the Applicant wound up in tears and commenced a stress leave following her shift. Even if the individual Respondent was unaware that his comments were unwelcome, a reasonable person in the Respondent’s position would know that they were.”

The Tribunal ordered:

  • $15,000 to the Applicant as compensation for the loss of the right to be free from discrimination
  • $13,896 to the Applicant for lost wages

To read the full decision, visit CanLII