To: TEAM-IFPTE Local 161 Members
From: TEAM Office
Date: May 10, 2012
Re: Canadian Human Rights Tribunal rules in favour of TEAM-IFPTE Local 161 Member
A TEAM member filed a complaint with the Canadian Human Rights Commission alleging that when Manitoba Telecom Services Inc. terminated her employment based on negative performance appraisals (PP&Rs), it engaged in a discriminatory practice within the meaning of the Canadian Human Rights Act. The member alleged that the negative comments in the PP&Rs were linked to her disability.
It was established before the Canadian Human Rights Tribunal that the disability had affected her work performance and that even though the Company was aware of the disability, it did not consider its effects when reviewing her performance. As the member’s PP&Rs formed the basis of the decision to lay her off, it was found that there was a link between the member’s disability and the loss of employment.
On April 26, 2012, The Tribunal ordered the Company to pay our member $10,000 for the pain and suffering she experienced as a result of the discrimination, and a further $10,000 for the Company engaging in the discriminatory practice wilfully or recklessly. The Tribunal will hear submissions regarding the reintegration of the member into the workplace, and compensation for lost wages, lost variable pay, and other lost benefits including: employee share ownership plan, group sales bonuses, and pension contributions (including the employer’s portion).
Finally, the Tribunal ruled that the Company “is to work with the Commission to train high level management such as Directors and heads of the labor relations department on the duty to accommodate and the Canadian Human Rights Act” and to ensure that they have an appropriate policy on the duty to accommodate. The Company is required to consult with the Unions in this process to consider the employees’ point of view.