Breast. v. Whitefish Lake First Nation

Breast. v. Whitefish Lake First Nation

Complainant proved a prima facie case of disability discrimination but failed to fulfill his duty to cooperate by providing timely and adequate medical information; respondent's Form 17 requirement and conditional offer of a sewer‑truck position were reasonable accommodations for a safety‑sensitive role; family‑status and constructive dismissal claims were not substantiated; complaint dismissed.

Citation
2010 CHRT 10
Parties
Complainant: Charles A. Breast; Commission: Canadian Human Rights Commission; Respondent: Whitefish Lake First Nation #128
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
7 May 2010
Procedural Posture
Canadian Human Rights Tribunal — Employment Discrimination Complaint / Decision on Merits (final)
Outcome
Complaint dismissed
Legal Topics
Disability Accommodation, Family Status Discrimination, Constructive Dismissal, Medical Information Requirements, Prima Facie Burden
Source Language
English
Human Rights Law Employment Law Administrative Law Disability Accommodation Family Status Discrimination Constructive Dismissal Medical Information Requirements Prima Facie Burden

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Parties

Charles A. Breast

Complainant

Canadian Human Rights Commission

Commission

Whitefish Lake First Nation #128

Respondent

Procedural Posture

Canadian Human Rights Tribunal — Employment Discrimination Complaint / Decision on Merits (final)

Legal Issues

  1. 1 Whether respondent discriminated on the basis of disability by failing to return complainant to work
  2. 2 Whether respondent discriminated on the basis of family status by hiring the chief's brother for the water truck position
  3. 3 Whether the complainant cooperated with the accommodation process and provided required medical information

Ratio Decidendi

Complainant proved a prima facie case of disability discrimination but failed to fulfill his duty to cooperate by providing timely and adequate medical information; respondent's Form 17 requirement and conditional offer of a sewer‑truck position were reasonable accommodations for a safety‑sensitive role; family‑status and constructive dismissal claims were not substantiated; complaint dismissed.

Court Disposition

Complaint dismissed