Tweten v. RTL Robinson Enterprises Ltd.

Tweten v. RTL Robinson Enterprises Ltd.

The complaint was dismissed because the complainant failed to establish a prima facie case of discrimination and breached his duty to facilitate accommodation by refusing meetings and failing to provide requested medical information; the respondent made bona fide efforts to accommodate and reasonably sought a...

Source-derived case information.

Citation
2005 CHRT 8
Parties
Complainant: Bruce J. Tweten; Commission: Canadian Human Rights Commission; Respondent: RTL Robinson Enterprises Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 February 2005
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Tribunal Final Decision After Hearing
Outcome
Complaint dismissed in its entirety
Legal Topics
Duty to Accommodate, Prima Facie Discrimination, Bona Fide Occupational Requirement (bfor), Undue Hardship, Duty to Facilitate Accommodation
Source Language
english
Human Rights Law Employment Law Disability Accommodation Law Duty to Accommodate Prima Facie Discrimination Bona Fide Occupational Requirement (bfor) Undue Hardship Duty to Facilitate Accommodation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bruce J. Tweten

Complainant

Canadian Human Rights Commission

Commission

RTL Robinson Enterprises Ltd.

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Tribunal Final Decision After Hearing

Legal Issues

  1. 1 Did respondent discriminate contrary to section 7 of the Canadian Human Rights Act?
  2. 2 If discrimination found, can respondent establish a BFOR defence under s.15?
  3. 3 Did respondent refuse to accommodate disability and, if so, was undue hardship established?

Ratio Decidendi

The complaint was dismissed because the complainant failed to establish a prima facie case of discrimination and breached his duty to facilitate accommodation by refusing meetings and failing to provide requested medical information; the respondent made bona fide efforts to accommodate and reasonably sought a physician's statement prior to offering modified work.

Court Disposition

Complaint dismissed in its entirety