Discrimination in Employment on the Basis of Disability - Paper Example

2021-07-26 23:06:10
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Harvey Mudd College
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Case study
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Critique #1: Discrimination in Employment On The Basis Of Disability and Employer Failure to Reasonably Accommodate To the Point of Undue Hardship

Ben Saad v. 1544982 Ontario Inc.

Facts of the case.

On June 23rd, 2014 the applicant Naji Ben Saad a migrant begun working for the respondent Windsor management. On the 4th of November 2014, the applicant got an accident in the course of duty and was injured making him unable to handle heavy and regular responsibilities barely five months after the employment of the applicant (Ben Saad v. 1544982 Ontario Inc., human rights tribunal of Ontario [HRTO] 2014). The applicant was given light duties until 6th February 2015 when Windsor management terminated his employment. The applicant alleged that the disability was as a result of disability issue. The hearing regarding the application was held on September 6th, 2016, however, the respondent failed to attend, and the trial proceeded without his presence (Ben Saad v. 1544982 Ontario Inc., [HRTO] 2014). The respondent asked for the hearing to be rescheduled a request that was presumed to be suggesting the re-opening of the conference. The request was denied based on the explanations set out in the court verdict 2016 HRTO 1410 (CanLII).

Applicable legislation

The complainant case was filed under section 34 of the human rights code which in part states that any person who considers their rights have been infringed may seek an appropriate remedy. Saad felt that his rights had been violated as reported under section 5 part 1 of the provisions are that every person has a right to equal treatment in employment without discrimination on gender, age, marital status, disability among other areas as provided by the code (Human rights code 1990). However, there has to prove that the termination was due to disability and not on other grounds and the disability the grounds of disability must be confirmed by human rights code that the respondent violated (Ben Saad v. 1544982 Ontario Inc., [HRTO] 2014).

If a case of discrimination is undeniably found the respondent will have to prove to the tribunal that they had no other alternative except to treat the complainant in the manner, they did. In order not to be held responsible Windsor management has to prove that they tried all efforts to accommodate Saad to the point of undue hardship.

Analysis, decision, and opinion

Windsor management is found guilty of the offense based on the evidence of documents and the oral testimony that the applicant gave. The evidence showed that there is a link between the termination of the applicant and his disability (Ben Saad v. 1544982 Ontario Inc., [HRTO] 2014). Additionally, the respondent never appeared and never confirmed the documents which they rely on the hearing of the case. The respondent never acted despite letters concerning case assessment direction delivered to both parties. The letter indicated that the respondents should file hearing documents including witness reports not later than 31st of August 2016. From the applicant's testimonies and materials, it suggests that he assigned the employment contract with Windsor management in Tunisia in 21st of March 2014(Ben Saad v. 1544982 Ontario Inc., [HRTO] 2014).The applicant affirmed that he had no issues with work until 21st of November 2014 when he was struck on the head by a rolling closing rolling steel door (Ben Saad v. 1544982 Ontario Inc., [HRTO] 2014).

Building on the balance of probabilities the Windsor management undeniably discriminated the applicant based on disability and will pay the applicant a monetary compensation of $20,000 for the dignity, feelings, and self-respect. From the oral and documented statements, it is evident that the applicant had no issues with his work until he got injured and became disabled. I concur with the tribunal's findings. And the penalty will serve as a lesson to the employer on how he treats his employees.

Reference

Lexum (2017) Ben Saad v. 1544982 Ontario Inc.Retrieved on 6th October 2017 from

https://www.canlii.org/en/on/onhrt/doc/2017/2017hrto1/2017hrto1.html

 

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