Milano v. Triple K Transport Ltd.

Milano v. Triple K Transport Ltd.

Tribunal found a prima facie case of disability discrimination and concluded Triple K's financial explanation was pretextual; the complainant's epilepsy and workplace seizure were a significant factor in the decision to terminate; accordingly complaint sustained and remedies ordered including systemic measures and monetary compensation (lost wages to Dec 3, 2001 less interim earnings, gross-up, $10,000 pain and suffering, $5,000 special compensation, reimbursement of expenses and legal costs, interest from Feb 23, 2001).

Citation
2003 CHRT 30
Parties
Complainant: Victor Milano; Commission: Canadian Human Rights Commission; Respondent: Triple K Transport Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 September 2003
Procedural Posture
Canadian Human Rights Act Complaint (disability Discrimination Employment Termination) / Final Decision (merits and Remedies)
Outcome
Complaint upheld; Tribunal finds respondent discriminated on the basis of disability and orders systemic and monetary remedies.
Legal Topics
Termination, Accommodation, Prima Facie Case, Pretext, Remedies (compensatory and Systemic)
Source Language
English
Human Rights Law Employment Law Disability Law Termination Accommodation Prima Facie Case Pretext Remedies (compensatory and Systemic)

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Parties

Victor Milano

Complainant

Canadian Human Rights Commission

Commission

Triple K Transport Ltd.

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (disability Discrimination Employment Termination) / Final Decision (merits and Remedies)

Legal Issues

  1. 1 Whether the termination of employment was related to the complainant's epilepsy (disability)
  2. 2 Whether a prima facie case of discrimination was established
  3. 3 Whether the employer's articulated financial explanation was reasonable or pretextual

Ratio Decidendi

Tribunal found a prima facie case of disability discrimination and concluded Triple K's financial explanation was pretextual; the complainant's epilepsy and workplace seizure were a significant factor in the decision to terminate; accordingly complaint sustained and remedies ordered including systemic measures and monetary compensation (lost wages to Dec 3, 2001 less interim earnings, gross-up, $10,000 pain and suffering, $5,000 special compensation, reimbursement of expenses and legal costs, interest from Feb 23, 2001).

Court Disposition

Complaint upheld; Tribunal finds respondent discriminated on the basis of disability and orders systemic and monetary remedies.

Orders

  • Triple K shall cease discriminating against disabled employees.
  • Triple K shall consult with the Canadian Human Rights Commission to develop an accommodation policy for disabled employees (pursuant to s.53(2)(a)).