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14 Hum. Rts. Dig. 1 (2013)

handle is hein.journals/hurtsdg14 and id is 1 raw text is: Hun

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Vol. 14 No. 1
January 2013

DISABILITY - employment terminated on the basis of
alcoholism - definition of alcoholism - proof of disabil-
ity - perceived disability - DISCRIMINATION - theft as
reasonable cause for discrimination - REASONABLE AC-
COMMODATION - duty to accommodate short of un-
due hardship - DAMAGES - injury to dignity and self-
respect - wages - REMEDIES - monitoring of employ-
ment practices
A Manitoba Board of Adjudication ruled that the Canadi-
an Mental Health Association (CMHA) discriminated
against C.R. on the basis of a perceived disability
(alcoholism).
C.R. started working for the CMHA in October 2005 as a
part-time Community Educator and Fundraising Coordi-
nator. She disclosed at the time she was hired that she
suffered from depression and was undergoing radiation
treatment for cancer. The respondent became aware that
C.R. was also engaging in bouts of excessive or binge
drinking.
In 2006, she began renting an apartment from the re-
spondent and also took on duties of Housing Coordina-
tor and of part-time Caretaker for the building that she
was living in. She was considered a good worker, never
had a performance review and never received any nega-
tive comments on her work.
In the summer of 2008, C.R. discussed the possibility of
attending the CMHA National Conference to be held in

August in Halifax. She was excited to go because she had
never travelled to the East Coast. At this time, C.R. was
very stressed. Her two daughters had recently died. She
was also working 50 hours a week and was on call 24
hours a day. The basement of the apartment that she was
living in had flooded in February and the floor had to be
replaced. The existing floor was being jack-hammered
out, and because the space was not properly vented, the
fire alarms were continually going off.
The day before she was to fly to the conference C.R.
called in sick. Her employer became concerned that she
was drinking, cancelled her flights, told her not to go to
the conference, then rebooked her flights for the follow-
ing day, but required her to produce a doctor's note stat-
ing that she was fit to attend the conference. Her super-
visor, on the second

attempt, once more
ordered her not to go    The complainant was
to the conference be-  perceived to be an alcoholic,
cause the doctor's note  and she was treated adversely
did not satisfy him.   and ultimately terminated
~~~~~~~~~~bcause the dotrsntindsewstetavesl
C.R. did not go to the      because ofit.
conference and was off
work, first on sick leave and then on vacation from Au-
gust 21 to September 1, 2008. When she returned to
work she was asked about the float of $500, which she
had been given to pay for her travel expenses to the con-
ference. She admitted that she had forgotten about it,

and said that she did not have the money with her at the
time. She promised to repay it, and in fact did repay it, in
full, on the same afternoon. However, C.R.'s employment
was terminated on the grounds that she had misap-
propriated funds and had been insubordinate by not
producing the doctor's note as required.
The Tribunal found that the evidence did not show that
there was any misappropriation of funds. Employees
were often given floats for various reasons, which they
subsequently repaid. In addition, the employer's require-
ment that she produce a doctor's note with specific con-
tent was not reasonable in the circumstances. She was
scheduled to leave for the conference the following
morning and did not receive the request for a doctor's
note until after 8 p.m. the preceding night.
The Board of Adjudication concluded that C.R. was per-
ceived to have a disability, and that she was treated ad-
versely and ultimately terminated because of it.
The Board awarded C.R. compensation for four week's
pay in the amount of $1,894.20 and $4,000 as compensa-
tion for injury to her dignity.
C.R. v. Canadian Mental Health
Assn. (Jan. 7, 2013), CHRR Doc.
13-3001, 2013 MHRBAD 1 (Harrison)

CANADIAN HUMAN RIGHTS REPORTER
PUBLISHER OF CANADIAN HUMAN RIGHTS LAW

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