July 12, 2025 from HRD Canada
Was It Just Downsizing — or Discrimination?
A BC labourer says his firing wasn’t just bad luck — it was tied to injuries that his employer ignored.
He alleges two injuries in early 2019 were never accommodated, and that the company let him go the same morning he called in sick to see a doctor. The Human Rights Tribunal agreed the timing raised red flags — and now, a full hearing is on the way.
Injuries, Complaints, and Conflicting Claims
The worker was injured twice — once in January (chest) and again in March (elbow). He says he told his supervisor about the second injury, but was ignored and forced to continue heavy work.
That same week, he called in sick. Within hours, his employer terminated him “without cause.”
The company said the decision had already been made in February due to financial stress and performance issues. But records showed the termination wasn’t actioned until March, and there was no documentation of performance concerns.
Medical Evidence Backed His Case
The worker submitted medical reports, pain medication prescriptions, and physio referrals to support his claim. His doctor also advised he avoid lifting and find light duties — something the employer never offered.
The Tribunal ruled that there was enough evidence to suggest a disability, and enough of a link between that and his dismissal to merit a hearing.
Emails Raised Doubts — But Not Enough
After the firing, the worker emailed the company saying he hadn’t told his supervisor about the injury. But the Tribunal found the emails were vague — and the employer failed to provide a direct denial from the supervisor.
That missing testimony left a gap in the employer’s case.
Why the Court Let the Complaint Proceed
When the employer tried to get the case thrown out, the BC Supreme Court said no. The standard at this stage is low: if there’s any evidence the claim could succeed, the case moves forward.
The judge emphasized that this wasn’t the time to weigh all the facts or credibility — only to decide if the worker had a chance. And he did.
What Employers Should Know
Employers hoping to dismiss discrimination complaints early must bring strong, detailed evidence. Gaps — like missing witness statements or lack of documentation — can cost them.
This case shows that even in economic downturns, layoffs tied to injury complaints can raise legal concerns. Ignoring injuries or failing to document performance problems may come back to bite.
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