Physical Disability Complaint Upheld

A complaint of discrimination on the basis of physical disability filed by a Digby man has been upheld by an independent human rights board of inquiry.

Joseph Cottreau filed a complaint in 2004 with the Nova Scotia Human Rights Commission. He alleged that when he returned to work after being off on short-term disability, his employment was terminated by R. Ellis Chevrolet Oldsmobile Limited and/or Richard Ellis, and the respondents discriminated against him on the basis of his physical disability.

In his decision, board chair Robert Stewart accepted that evidence presented to the hearing met the burden of proof required to establish a case of discrimination.

The respondents are ordered to pay $10,000 in general damages, $8,800 in special damages and interest on both damage amounts at 2.5 per cent from January 2004.

The respondents "shall allow the Nova Scotia Human Rights Commission to monitor the employment practices of the respondents, R. Ellis Chevrolet Oldsmobile Limited, and Richard Ellis, in any operation or business they maintain in Nova Scotia for a period of three (3) years following this decision," wrote Mr. Stewart.

The respondents must arrange for sensitivity training for themselves and present and future staff within set time frames. They must report the names, addresses, and telephone numbers for all employees to the commission and reasons for termination of employees who are terminated within the monitoring period of three years.

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 on questions of law.