Mechanic Fired for Not Coming to Work—Not for His Injury


A mechanic got injured and needed hernia surgery. Three days before the scheduled operation, the company fired him with two weeks’ notice. The mechanic claimed disability discrimination. The Human Rights Tribunal disagreed. The mechanic was supposed to work until the day before his operation. But once the company owner went on vacation, he told the person left in charge that he wouldn’t be coming into work. And when he did come in to get his tools, he was drunk and made threatening comments. The Tribunal concluded that the company fired the mechanic for failing to come to work and his conduct, not his injury [Debodt v. Mission Ridge Auto Sales Ltd., [2011] B.C.H.R.T.D. No. 328, Nov. 16, 2011].