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Deaf Painter Fired for Performance Issues, Not Disability

After a deaf painter was fired, he filed a disability discrimination complaint. The employer argued that it had fired him for reasons unrelated to his disability, including poor workmanship, property damage and failure to follow safety rules. The Human Rights Tribunal dismissed the complaint, ruling that the painter’s deafness wasn’t a factor in his firing. Text messages demonstrate that there was no issue clearly communicating with the painter. He simply didn’t follow these instructions and engaged in behaviour that was sufficient cause to terminate a new employee. And the painter failed to provide evidence that his hearing disability was in any way a factor in his termination, concluded the Tribunal [Watts v. College Pro Painters Canada, [2013] B.C.H.R.T.D. No. 203. Aug. 14, 2013].