Parisien v. Ottawa-Carleton Regional Transit

Parisien v. Ottawa-Carleton Regional Transit

Tribunal found a prima facie case: dismissal was influenced by the Complainant's disability (PTSD). Respondent failed Meiorin step 3 — it did not demonstrate that accommodation was impossible without undue hardship and failed to investigate or pursue alternate accommodations/procedures. Complaint substantiated; remedies ordered including reinstatement with retroactive seniority and benefits, payment of lost wages, $3,500 for hurt feelings, interest, reintegration assistance and retention of jurisdiction to resolve damages calculation.

Citation
2003 CHRT 10
Parties
Complainant: Alain Parisien; Commission: Canadian Human Rights Commission; Respondent: Ottawa-Carleton Regional Transit Commission
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
6 March 2003
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Hearing and Decision (merits and Remedy)
Outcome
Complaint substantiated
Legal Topics
Disability Discrimination, Failure to Accommodate, Bona Fide Occupational Requirement (bfor) / Meiorin Test, Innocent Absenteeism, Reinstatement, Damages for Lost Income, Hurt Feelings
Source Language
English
Human Rights Law Employment Law Labour Law Administrative Law Disability Discrimination Failure to Accommodate Bona Fide Occupational Requirement (bfor) / Meiorin Test Innocent Absenteeism +3 more

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Parties

Alain Parisien

Complainant

Canadian Human Rights Commission

Commission

Ottawa-Carleton Regional Transit Commission

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Hearing and Decision (merits and Remedy)

Legal Issues

  1. 1 Whether dismissal for chronic absenteeism constituted discrimination on the basis of disability (PTSD) under s.7 of the Canadian Human Rights Act
  2. 2 Whether the Respondent established a bona fide occupational requirement under the Meiorin test
  3. 3 Whether the Respondent investigated and accommodated the Complainant to the point of undue hardship

Ratio Decidendi

Tribunal found a prima facie case: dismissal was influenced by the Complainant's disability (PTSD). Respondent failed Meiorin step 3 — it did not demonstrate that accommodation was impossible without undue hardship and failed to investigate or pursue alternate accommodations/procedures. Complaint substantiated; remedies ordered including reinstatement with retroactive seniority and benefits, payment of lost wages, $3,500 for hurt feelings, interest, reintegration assistance and retention of jurisdiction to resolve damages calculation.

Court Disposition

Complaint substantiated

Orders

  • Reinstate Complainant to position of bus operator with commensurate seniority and benefits retroactive to date of dismissal
  • Provide reintegration assistance including training and assistance to reacquire driving permits