Luckman v. Bell Canada

Luckman v. Bell Canada

The Tribunal found that complainant’s disability (cancer and related leave/return-to-work issues) was a factor in his selection for termination; Bell’s proffered non-discriminatory explanations (poor performance or predestination for layoff) were not supported by contemporaneous evidence and were not credible, and accordingly the termination constituted discrimination under s.7 CHRA entitling the complainant to lost wages, damages for pain and suffering and damages for reckless conduct.

Citation
2022 CHRT 18
Parties
Complainant: Glenn Luckman; Commission: Canadian Human Rights Commission; Respondent: Bell Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
31 May 2022
Procedural Posture
Canadian Human Rights Tribunal Employment Discrimination / Decision (final)
Outcome
Complaint substantiated; discrimination established under s.7 of the Canadian Human Rights Act (disability)
Legal Topics
Discrimination, Termination, Accommodation, Family Status, Remedies Damages
Source Language
English
Human Rights Employment Law Disability Law Discrimination Termination Accommodation Family Status Remedies Damages

Case Brief

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Parties

Glenn Luckman

Complainant

Canadian Human Rights Commission

Commission

Bell Canada

Respondent

Procedural Posture

Canadian Human Rights Tribunal Employment Discrimination / Decision (final)

Legal Issues

  1. 1 Whether complainant established a prima facie case of discrimination based on disability and/or family status under s.7 CHRA
  2. 2 Whether the respondent’s stated non-discriminatory reasons (restructuring, performance) were credible
  3. 3 Whether complainant’s cancer or caregiving was a factor in the termination decision

Ratio Decidendi

The Tribunal found that complainant’s disability (cancer and related leave/return-to-work issues) was a factor in his selection for termination; Bell’s proffered non-discriminatory explanations (poor performance or predestination for layoff) were not supported by contemporaneous evidence and were not credible, and accordingly the termination constituted discrimination under s.7 CHRA entitling the complainant to lost wages, damages for pain and suffering and damages for reckless conduct.

Court Disposition

Complaint substantiated; discrimination established under s.7 of the Canadian Human Rights Act (disability)

Orders

  • Respondent to pay lost wages to complainant in the amount of $91,052.40 CAD
  • Respondent to pay $15,000 CAD for pain and suffering