Desormeaux v. Ottawa-Carleton Regional Transit

Desormeaux v. Ottawa-Carleton Regional Transit

Tribunal found complainant suffered a disability (chronic debilitating headache condition), that disability was a factor in the termination for chronic innocent absenteeism, and that OC Transpo failed to discharge its Meiorin burden because it did not adequately investigate the disability, did not seek independent medical assessment as contemplated by its own attendance policy, and did not reasonably explore accommodations (including reassignment/spare board or modified duties); operational hardship was not proven to the requisite standard; result: discrimination established and remedied by reinstatement and compensation.

Citation
2003 CHRT 2
Parties
Complainant: Francine Desormeaux; Commission: Canadian Human Rights Commission; Respondent: Ottawa‑Carleton Regional Transit Commission (OC Transpo)
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 January 2003
Procedural Posture
Human Rights Discrimination (disability) Under the Canadian Human Rights Act / Hearing and Decision (tribunal Ruling)
Outcome
Complaint sustained: OC Transpo found to have contravened the Canadian Human Rights Act (disability discrimination)
Legal Topics
Disability Discrimination, Duty to Accommodate, Innocent Absenteeism, Bona Fide Occupational Requirement (bfor) / Meiorin Test, Reinstatement and Remedies
Source Language
English
Human Rights Law Employment Law Administrative Law Disability Discrimination Duty to Accommodate Innocent Absenteeism Bona Fide Occupational Requirement (bfor) / Meiorin Test Reinstatement and Remedies

Case Brief

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Parties

Francine Desormeaux

Complainant

Canadian Human Rights Commission

Commission

Ottawa‑Carleton Regional Transit Commission (OC Transpo)

Respondent

Procedural Posture

Human Rights Discrimination (disability) Under the Canadian Human Rights Act / Hearing and Decision (tribunal Ruling)

Legal Issues

  1. 1 Whether complainant suffered a disability within the meaning of the CHRA
  2. 2 Whether the disability was a factor in the decision to terminate employment
  3. 3 Whether OC Transpo established that regular and reliable attendance was a BFOR under Meiorin

Ratio Decidendi

Tribunal found complainant suffered a disability (chronic debilitating headache condition), that disability was a factor in the termination for chronic innocent absenteeism, and that OC Transpo failed to discharge its Meiorin burden because it did not adequately investigate the disability, did not seek independent medical assessment as contemplated by its own attendance policy, and did not reasonably explore accommodations (including reassignment/spare board or modified duties); operational hardship was not proven to the requisite standard; result: discrimination established and remedied by reinstatement and compensation.

Court Disposition

Complaint sustained: OC Transpo found to have contravened the Canadian Human Rights Act (disability discrimination)

Orders

  • Reinstate Francine Desormeaux to a bus operator position at the first reasonable opportunity with full seniority and benefits and any necessary retraining
  • Pay lost wages from January 30, 1998 to date of reinstatement, netted against other income and with Employment Insurance reimbursement as required