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The Tribunal allowed a disability harassment complaint, finding that workplace conduct by the owner and manager poisoned the complainant’s environment and warranted damages.
Tribunal found a prima facie case of disability discrimination; respondent satisfied the first two Meiorin prongs (rational connection and good faith) but failed the third because it did not meaningfully attempt individualized accommodation, did not obtain functional capacity or independent medical assessments, did not assess alternative positions (including prior Saturday dispatcher work), and produced insufficient evidence of undue hardship; termination was discriminatory and reckless, warranting awards under s.53.
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