Peninsula Grill Server with Cerebral Palsy Awarded Over $15K in Discrimination Case

What Happened?

A server at Peninsula Grill has been awarded more than $15,000 in damages after her employer told her that she’d be fired if she went to a medical appointment instead of her shift.

The Human Rights Tribunal of Ontario (HRTO) ruled that the restaurant’s failure to accommodate the worker — who has Cerebral Palsy — was discriminatory.

“In my view, employers have an obligation to support employees who have a disability that have serious impacts, such as Cerebral Palsy,” Vice-Chair Cyndee Todgham Cherniak said in her ruling.

“Acting in a flexible and supporting manner reflects our shared humanity to treat everyone with dignity and respect. This includes providing reasonable time off for medical appointments to ensure their well-being.”

Lior Samfiru on Duty to Accommodate in Ontario

Lior Samfiru, an employment lawyer and national co-managing partner at Samfiru Tumarkin LLP, spoke with Canadian HR Reporter’s Jeffery Smith about the ruling and an employer’s duty to accommodate.

“Accommodation is an organization-wide endeavour — in principle, an idea that accommodation has to happen, but the implementation of it across the board just isn’t effective, then it doesn’t actually do what it’s supposed to do,” said Samfiru.

“Everyone that has responsibility — [managers] must know if there’s an obligation to accommodate, what’s expected, and must be aligned with what has already been agreed to with the employee…There can’t be any miscommunication.”

📺 WATCH: Everything You Need to Know About Duty to Accommodate

Workplace Issue in Ontario? Get Help Now

📞 Contact Samfiru Tumarkin LLP: 1-855-821-5900 or request a consultation online.

Our experienced employment lawyers in Ontario have helped tens of thousands of non-unionized individuals resolve various issues, including those involving workplace accommodations.

We can review your situation, assess your legal options, and help you secure the compensation you’re legally entitled to.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and SHOULD NOT be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.