Here is the latest.
Recently the BC Human Rights Commission ruled against McDonalds for dismissing a employee because she could no longer wash her hands as she developed a skin condition.
The complaintant Ms. Datt started with McDonalds in 1981 and worked until Jan 2002 when she developed a skin condition in her hands. She went on short term Disability from Jan 02 to April 02. She consulted her family physician regarding her condition. She return to work in April 02 as her condition was getting better. After working for two weeks her condition developed again. She went back onto short term disability and then onto long term diability. She was on long term disibility from May 02 until Nov 30, 2004. She attempted to return to work on several occations during that time yet her condition came back each time. She had multiple tests done with her family doctor finally reporting that the future treatment gaol was "a new job". The doctor said that she could not work with anything that involved food prep, hand washing or wearing gloves. He also said that the handling of money may be a factor in her condition. He ruled that she could no longer work in the food prep industry.
An interview was done between the disability company and Ms. Datt. A report was written indicating that Ms. Datt said that she knew she could not work in food prep and that Ms. Datt request a job in HQ with admin. Ms. Datt later denied this.
The disability company said that she would be terminated from McDonalds and that she would recieve her disability payments for 4 months aswell has given 3 months of alternate job seeking help. Ms. Datt refused to look for alternate work and insisted that she be accomdated at McDonalds. A termination letter was sent in Novermber of 04.
The family doctor said that he would right a letter to CPP supporting a claim for disability payments as any job in her field would result in the return of her condition.
Ms Datt still wanted to work at McDonalds and her doctor sent a letter in Feb 06 that Ms. Datt could work for them again as long as she did not have to have frequent hand washing.
McDonalds has their own handwash policy aswell they are require to abide by the BC FOOD Premises Regulations namely section 21(3)
Every operator of food premises ensure that each employee washes his or her hands as often as necessary to prevent contamination of food.
Aswell as section 24(1)
Must have written proceedures.
McDonalds went above and beyond trying to accomodate Ms. Datt until her own doctor said she cannot work in food prep. They let her go, there was nothing for her to do. She could not work in that field.
So what does the good old human rights commission do? They find that McDonalds discriminated against her. And failed to accomodate her to undue hardship. They forced McDonalds to pay 23,000 in lost wages and $25,000 for loss of dignity.
Even tho she was on Disability for 2 years and her own doctor said she couldnt work in that field........McDonalds violated her Human Rights.
WTF
Get rid of these useless tribunals already.
http://www.bchrt.bc.ca/decisions/200..._BCHRT_324.pdf