Lally v. Telus Communications Inc.

Lally v. Telus Communications Inc.

The complainant failed to establish a prima facie case that Telus discriminated against her by reason of disability: Telus was not aware of a disability at the material time, the IME and subsequent actions were legitimate and reasonable, administrative errors do not amount to discrimination, and credibility and honesty concerns undermined the complainant's account.

Citation
2012 CHRT 27
Parties
Complainant: Ravi Lally; Commission: Canadian Human Rights Commission; Respondent: Telus Communications Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 October 2012
Procedural Posture
Canadian Human Rights Act Complaint (disability) / Tribunal Inquiry Decision
Outcome
Complaint dismissed for failure to establish a prima facie case of discrimination under s.7 of the CHRA
Legal Topics
Disability Discrimination, Harassment, Burden of Proof, Prima Facie Case, Independent Medical Examination, Accommodation, Credibility Assessment
Source Language
English
Human Rights Employment Law Disability Law Administrative Law Disability Discrimination Harassment Burden of Proof Prima Facie Case +3 more

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Parties

Ravi Lally

Complainant

Canadian Human Rights Commission

Commission

Telus Communications Inc.

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (disability) / Tribunal Inquiry Decision

Legal Issues

  1. 1 Whether the respondent subjected the complainant to a discriminatory practice under s.7 of the CHRA by reason of disability between October 16, 2007 and October 20, 2009
  2. 2 Whether the complainant established a prima facie case of discrimination
  3. 3 Whether Telus was aware of the complainant's disability at the time of the alleged adverse treatment

Ratio Decidendi

The complainant failed to establish a prima facie case that Telus discriminated against her by reason of disability: Telus was not aware of a disability at the material time, the IME and subsequent actions were legitimate and reasonable, administrative errors do not amount to discrimination, and credibility and honesty concerns undermined the complainant's account.

Court Disposition

Complaint dismissed for failure to establish a prima facie case of discrimination under s.7 of the CHRA

Orders

  • Complaint dismissed.