Mazurkewich v. S & S Delivery Services Ltd.

Mazurkewich v. S & S Delivery Services Ltd.

Tribunal found on the balance of probabilities that the complainant had a disability and that the employer terminated his employment because of the disability; the respondent failed to rebut the prima facie case or provide a reasonable non‑discriminatory explanation; remedies awarded were lost wages ($3,500) and special compensation ($1,000).

Citation
2014 CHRT 8
Parties
Complainant: Clay Mazurkewich; Commission: Canadian Human Rights Commission; Respondent: S & S Delivery Services Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
5 March 2014
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act (s.7) / Final Decision After Hearing
Outcome
Complaint substantiated
Legal Topics
Discrimination, Termination, Accommodation, Compensation, Workers' Compensation
Source Language
English
Human Rights Employment Law Disability Law Discrimination Termination Accommodation Compensation Workers' Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Clay Mazurkewich

Complainant

Canadian Human Rights Commission

Commission

S & S Delivery Services Ltd.

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act (s.7) / Final Decision After Hearing

Legal Issues

  1. 1 Whether the complainant suffered a disability within the meaning of the CHRA
  2. 2 Whether the complainant established a prima facie case that disability played a role in his termination contrary to s.7(a) CHRA
  3. 3 Whether the respondent rebutted the prima facie case or justified the termination

Ratio Decidendi

Tribunal found on the balance of probabilities that the complainant had a disability and that the employer terminated his employment because of the disability; the respondent failed to rebut the prima facie case or provide a reasonable non‑discriminatory explanation; remedies awarded were lost wages ($3,500) and special compensation ($1,000).

Court Disposition

Complaint substantiated

Orders

  • Respondent to pay the complainant $3,500 pursuant to section 53(2)(c) of the Canadian Human Rights Act
  • Respondent to pay the complainant $1,000 pursuant to section 53(3) of the Canadian Human Rights Act