Board Examines Complaint of Discrimination Against Michelin

An independent human rights board of inquiry will begin hearing testimony Tuesday, Feb. 28, in a complaint of disability discrimination against Michelin North America (Canada) Inc.

Dexter Halliday of Bridgewater complained to the Nova Scotia Human Rights Commission in 2002 that he was terminated from his job at the Michelin plant in Bridgewater because of a disability. Mr. Halliday alleges that Michelin did not accommodate his anxiety disorder when applying its absentee policy.

Mr. Halliday was diagnosed with an anxiety disorder in January 2000 and prescribed medication by his doctor. Because of complications with his medication, Mr. Halliday was placed on leave until July 2000. When he returned to work, Mr. Halliday provided a note from his doctor indicating that a steady shift schedule would be required for a successful return to work.

Mr. Halliday claims that Michelin never responded to his request and failed to accommodate him in the succeeding months. He received several warning letters from plant management about attendance and was dismissed in June 2001.

The independent board is being chaired by Gilles Deveau. The hearing will begin Tuesday, Feb. 28, at 9:30 a.m. at the Wandlynn Inn, 50 North St., Bridgewater. The hearing is scheduled to continue on Wednesday, March 1, Thursday, March 2, and Friday, March 3.

A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the provincial court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.

Evidence collected during investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether discrimination has occurred.

All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.