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Description of Case:
Datt had worked for McAdams restaurant for 23 years (taking orders, cleaning) when in 2007 she came down with a skin condition on her hands that was made worse by frequent hand washing. She took several short-term disability leaves but her condition always worsened after she returned to work. McAdams said that frequent hand washing was necessary to maintain acceptable sanitary conditions, to meet both government regulations and its own hygiene policies. For example, the restaurant has a times system where a timer sounds each hour, and all crew members and the manager must wash their hands. Datt’s doctor reported that she could not perform any job requiring frequent hand washing but there were duties she could perform, including cash, some food preparation, and some cleaning. However, in August 2009 the benefits provider told Datt she would not be able to return to work because “restaurant work was not good for her” and offered her a three-month job search program. In November 2009, McAdams terminated her employment. Datt filed a human rights application to the Ontario Human Rights Commission/Tribunal pursuant to Ontario law.
Please address the following issues in reviewing the merits of the human rights application:
Questions:
1. Did Datt have a disability? How is a “disability” defined pursuant to the Ontario Human Rights Code?
2. Was this a case of discrimination? Why or why not?
3. Did the employer have a duty to accommodate Datt and if so, did it fulfill that duty up to the point of undue hardship? Explain your answer.
4. If you were a member of the Tribunal, how would you decide this particular case?
Marks: this Assignment is worth 45% of the course mark
NATURE OF THE ASSIGNMENT
Attend a Court Trial or Administrative Tribunal Hearing involving a “business related”litigation or dispute. Your paper should provide commentary on:
A. Identification of the legal parties to the dispute
B. Identification of the paper which initiates the legal process either by way of Court Application, or complaint or request to an Administrative Tribunal
C. Describe the procedure that is utilized by the Court or Adjudicator
D. Describe the legal issues raised in terms of the dispute
E. Provide a commentary in reference to the evidence provided, and whether specific rules were applicable in terms of the introduction of evidence
F. Outline the Judgment or the Decision (if provided). Please note that if a Judgment or Decision is not provided, then it is expected that you would write your own Judgment/Decision and give reasons
G. Your comments on the process, the issues, and the Decision if you are able to hear it. Your comments should be critical or provide positive commentary in terms of the process and result. Do you believe that justice was done?
The paper should not exceed approximately 1500 words.
You may wish to proceed to view a Landlord/Tenant dispute which is typically conducted at the Ministry of Natural Resources building on Water Street. This is usually conducted on the ground floor. Furthermore, you could attend Small Claims Court which is located at 70 Simcoe Street in the City of Peterborough. This is located east of Water Street.
In addition, there are Land Severance Applications heard by the County of Peterborough on a regular basis. You may wish to attend an actual Land Severance Committee Meeting of the County of Peterborough Land Division Committee located at the County Municipal Building (470 Water Street, Peterborough). Other disputes, for example, labour disputes are heard by the Ontario Labour Relations Board in Toronto.
