The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.
The respondent alleged that her termination was a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.
Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked with the respondent for approximately 3 years. The applicant testified that due to her disability, she was required to attend a series of medical appointments during the workday.
During a meeting in late September of 2010, the respondent was called into … Continue reading “No “give and take” required by employee in accommodation under the Human Rights Code”
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.