(Disability)

Mr. Vetricek’s employer knew he had a shoulder injury that required a medical absence from work. His contract was changed several times and he was ultimately laid off. The company admitted that one of the reasons for the layoff was the absences from work.

Shortly after Mr. Vetricek showed his employer his x-rays and inquired about his health benefits, he was fired. The Tribunal found that the “stated reason for terminating the Applicant is not in accord with the facts”. The Tribunal concluded that the employer terminated Mr. Vetricek because of potential absences as a resulting of his continuing disability.

The Tribunal ordered:

  • $15,000 to the Applicant as compensation for loss of the right to be free from discrimination
  • $52,000 to the Applicant as compensation for wage loss from the date of termination to the date of the hearing

To read the full decision, visit CanLII