Supreme Court to hear landmark wrongful dismissal appeal

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Source: National Union of Public and General Employees (NUPGE) Date:

February 21, 2008 URL: _http://www.nupge.ca/news_2008/n21fe08c.htm_

(http://www.nupge.ca/news_2008/n21fe08c.htm)

 

 

Supreme Court to hear landmark wrongful dismissal appeal

-----------------------

 

 

Test case being watched by employers, workers, advocacy groups and insurance

companies

 

Ottawa (21 Feb. 2008) - The Supreme Court of Canada opened hearings

Wednesday in an appeal by Honda Canada against a worker who won a record

$500,000

punitive damages award against the company for harassment and wrongful

dismissal

in a case involving chronic fatigue syndrome.

 

Kevin Keays, 35, was also awarded two years salary. He was fired in 2000

after refusing to submit to a mandatory medical assessment by a company doctor.

He had worked at Honda's Alliston, Ont., plant since 1986. The award in

favour of Keays was made by an Ontario Superior Court judge.

 

" It would appear to me that Honda ran amok as a result of their blinded

insistence on production 'efficiency' at the expense of their obligation to

provide a long-time employee reasonable accommodation, " wrote Justice John

McIsaac. He described Honda as a " Leviathan " and Keays as a " minnow. "

 

" Just because Mr. Keays did not carry a white cane, use a hearing aid or get

around in a wheelchair did not make him any less deserving of workplace

recognition of his debilitating condition, " McIsaac ruled. " Honda committed a

litany of acts of discrimination and harassment. "

 

The Ontario Court of Appeal upheld the ruling but reduced the damages award

to $100,000. The case is being closely watched by employers, advocacy groups,

corporate managers and insurance companies.

 

Among the interveners in the case are the Canadian Human Rights Commission,

human rights commissions for the provinces of Ontario and Manitoba, the

Council of Canadians with Disabilities, the Ontario Network of Injured Workers'

Groups, the Alliance of Manufacturers and Exporters Canada and the Women's

Legal Education and Action Fund.

 

 

NUPGE

 

The National Union of Public and General Employees (NUPGE) is one of

Canada's largest labour organizations with over 340,000 members. Our mission is

to

improve the lives of working families and to build a stronger Canada by

ensuring that our common wealth is used for the common good. NUPGE

 

More information: - Honda worker awarded record $500,000 in punitive damages

_http://www.nupge.ca/news_2005/n15my05a.htm_

(http://www.nupge.ca/news_2005/n15my05a.htm)

 

 

 

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