Bergeron v. Télébec Limitée and Alain Rivard

Bergeron v. Télébec Limitée and Alain Rivard

Tribunal dismissed complaints because the complainant failed to establish a prima facie case that decisions to lay off or end probation were motivated by disability; evidence showed performance and collective-agreement reasons for employer actions and medical evidence indicated recovery, and the conduct complained of did not meet the statutory definition of harassment based on disability.

Citation
2004 CHRT 16
Parties
Complainant: Pierre Bergeron; Commission: Canadian Human Rights Commission; Respondent: Télébec Limitée; Respondent: Alain Rivard
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
21 May 2004
Procedural Posture
Canadian Human Rights Act Complaint / Decision (final)
Outcome
Complaints dismissed
Legal Topics
Disability Discrimination, Harassment in the Workplace, Layoff and Recall Rights, Probationary Termination, Collective Agreement Interpretation
Source Language
English
Human Rights Law Employment Law Administrative Law Disability Discrimination Harassment in the Workplace Layoff and Recall Rights Probationary Termination Collective Agreement Interpretation

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Parties

Pierre Bergeron

Complainant

Canadian Human Rights Commission

Commission

Télébec Limitée

Respondent

Alain Rivard

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Decision (final)

Legal Issues

  1. 1 Whether complainant was adversely differentiated in the course of employment because of a disability (depression)
  2. 2 Whether complainant was harassed in the course of employment because of his disability
  3. 3 Whether layoffs and callback practices violated the Canadian Human Rights Act or targeted the complainant because of disability

Ratio Decidendi

Tribunal dismissed complaints because the complainant failed to establish a prima facie case that decisions to lay off or end probation were motivated by disability; evidence showed performance and collective-agreement reasons for employer actions and medical evidence indicated recovery, and the conduct complained of did not meet the statutory definition of harassment based on disability.

Court Disposition

Complaints dismissed

Orders

  • The complaints are dismissed.