Case Background
In Khanom v. Idealogic PDS Inc., 2024 ONSC 5131, which arose out of a motion for default judgment, the Plaintiff, whose job title is undisclosed, requested to work from home during a government-imposed stay-at-home order. The Plaintiff’s duties were primarily computer-based. The Plaintiff conveyed that her request derived from concerns regarding her diabetic husband’s health, as he was particularly vulnerable to health risks posed by COVID-19. Despite awareness of these motivations, the Defendant refused the request and subsequently terminated the Plaintiff’s employment.
The Plaintiff Was Wrongfully Dismissed
Justice Parghi ruled the Defendant lacked just cause to terminate the Plaintiff as the request to work from home did not constitute cause.
Given the Plaintiff’s age (undisclosed), 13.5 years of service, and sincere efforts to mitigate damages, Justice Parghi awarded 14 months’ salary in the amount of $36,979.02 as compensation for the wrongful dismissal of the Plaintiff.
Violation of the Human Rights Code
In addition to her wrongful dismissal claim, the Plaintiff argued that her termination violated Section 12 of the Human Rights Code of Ontario (the “Code”). This section states that a right under the Code is infringed where discrimination occurs because of one’s relationship, association or dealings with a person or persons identified by a prohibited ground of discrimination.
In this case, the Plaintiff alleged that her termination and lack of accommodation were based on her relationship with her husband. Her husband has diabetes which qualifies as a disability under the Code.