Cook v. Coquitlam Towing & Storage, 2013 BCHRT 267

Chris’s client was a tow-truck driver who was injured at work. The employer terminated his employment after WorkSafeBC determined he was not fit to return to his pre-injury job. We filed a complaint with the Tribunal and the employer applied to dismiss the complaint, arguing that WorkSafeBC’s decision justified the termination. The Tribunal dismissed the employer’s application finding no evidence of an attempt to accommodate. The case was settled shortly afterwards.

De Bianci v Dunkley Lumber, 2020 BCHRT 56

Our client was injured in a helicopter crash at work. The employer then terminated her employment while she was on medical leave and WorkSafeBC benefits. Our client filed a complaint under the Human Rights Code and the employer applied to dismiss the complaint under s. 27(1)(c) of the Code. We resited the application to dismiss and it was denied as the employer was unsuccessful in showing that the complaint had no reasonable prospect of success. Importantly, the tribunal found that “determinations made by WorkSafeBC abour whether an employee can return to a pre-injury job are not based on a human rights analysis of whether an employer has fulfilled its duty to accommodate.”

Desrochers v. Teksmed Services, 2013 BCHRT 56

Our client was terminated from employment during a medical leave. The employer applied to dismiss her complaint to the Tribunal, partly because of a concurrent employment standards proceeding. The Tribunal dismissed the employer’s application and found the case had a reasonable prospect of success. It was settled shortly after the decision.