Boudreault v. Great Circle Marine Service Inc.

Boudreault v. Great Circle Marine Service Inc.

The Tribunal found the complainant established a prima facie case of discrimination based on real or perceived disability; the Respondent failed to prove the fitness-for-duty standard was a bona fide occupational requirement because the captain's decision rested on insufficient and unverified information and no medical assessment meeting Transport Canada Crewing Regulations s.66 was obtained, accommodation was not meaningfully considered, and candidates were not informed of the standard; accordingly the termination was discriminatory and compensation was awarded though reinstatement was denied for fixed-term contract reasons.

Citation
2004 CHRT 21
Parties
Complainant: Bruno Boudreault; Commission: Canadian Human Rights Commission; Respondent: Great Circle Marine Services Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
30 June 2004
Procedural Posture
Canadian Human Rights Act Complaint / Tribunal Decision (final)
Outcome
Complaint substantiated; reinstatement denied; respondent ordered to pay lost wages, expenses, legal fees, pain and suffering and interest; request for punitive compensation dismissed.
Legal Topics
Disability Discrimination, Bona Fide Occupational Requirement (bfor), Accommodation and Undue Hardship, Medical Fitness for Duty, Remedies and Damages
Source Language
English
Human Rights Law Employment Law Administrative Law Maritime Regulation Disability Discrimination Bona Fide Occupational Requirement (bfor) Accommodation and Undue Hardship Medical Fitness for Duty +1 more

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Parties

Bruno Boudreault

Complainant

Canadian Human Rights Commission

Commission

Great Circle Marine Services Inc.

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Tribunal Decision (final)

Legal Issues

  1. 1 Whether termination for knee condition constituted discrimination under s.7 of the Canadian Human Rights Act
  2. 2 Whether the Respondent's hiring/policy of leaving fitness assessment to the ship's captain contravened s.10
  3. 3 Whether the requirement of being in suitable physical condition amounted to a bona fide occupational requirement under s.15

Ratio Decidendi

The Tribunal found the complainant established a prima facie case of discrimination based on real or perceived disability; the Respondent failed to prove the fitness-for-duty standard was a bona fide occupational requirement because the captain's decision rested on insufficient and unverified information and no medical assessment meeting Transport Canada Crewing Regulations s.66 was obtained, accommodation was not meaningfully considered, and candidates were not informed of the standard; accordingly the termination was discriminatory and compensation was awarded though reinstatement was denied for fixed-term contract reasons.

Court Disposition

Complaint substantiated; reinstatement denied; respondent ordered to pay lost wages, expenses, legal fees, pain and suffering and interest; request for punitive compensation dismissed.

Orders

  • Respondent to pay lost income of $29,062.42 to the Complainant
  • Respondent to pay an additional sum to the Complainant to compensate for any extra tax liability resulting from the lump sum payment