Worker Improperly Fired over Broken Toe

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A worker kicked a box and broke his right big toe. As a result, he couldn’t work for four months. While he was out on disability leave, the company fired him. He argued disability discrimination—and the BC Human Rights Tribunal agreed. The worker’s broken toe was a disability that prevented him from working. The evidence indicated that his prolonged recovery from this disability was a factor in the company’s decision to fire him. And the company’s financial circumstances didn’t establish that accommodating him would have been an undue hardship [McKenna v. Atlas Anchor Systems, [2011] BCHRT 60 (CanLII), March 11, 2011].