Board Dismisses Disability Complaint
An independent human rights board of inquiry has dismissed a former employee's 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 alleged that Michelin did not accommodate his anxiety disorder when applying its absentee policy.
In his decision, board chair Gilles Deveau did not accept Mr. Halliday's contention that Michelin failed in its duty to accommodate his disability. Mr. Deveau concluded that Mr. Halliday and his physician Dr. Ghulam Mohiuddin (commonly known as Dr. Dean) failed to provide enough information for Michelin to properly assess his needs.
The board chair found that "Mr. Halliday and Dr. Dean did not fulfill their obligation in the accommodation exercise."
"Although there was sufficient evidence of a disability in the complaint, the totality of the medical evidence viewed in its entirety presents a confusing picture of Mr. Halliday's disability," Mr. Deveau wrote in his decision.
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.
A copy of the decision is available on the website at http://gov.ns.ca/humanrights/decisions/2006decisions.htm .