Employees who have been recklessly terminated may claim significant damages against their employer. In Luckman v. Bell Canada, 2022 CHRT 18, a recent Canadian  Human Rights Tribunal‘s decision, the employer, Bell Canada (“Bell“), was ordered to pay more than $120,000 in damages to their former employee, Mr. Luckman, for recklessly terminating him. This is a hefty price tag for terminating an employee who had worked for only about a year.

The facts were not complicated. During Mr. Luckman’s time at Bell,  Mr. Luckman was diagnosed with cancer. As a result, he started a medical leave and returned to work. Bell set up a gradual return to work schedule to accommodate his weakened health conditions. However, Mr. Luckman felt overwhelmed by the work due to this medical limitation and raised the issue with his supervisor. Rather than provide further accommodations, Bell terminated the employment agreement, first citing performance as the reason, then altering the reason of termination to corporate restructuring. Nevertheless, HRTO member, Mr. Pannu, found Mr. Luckman’s disability (his cancer) was a factor in his termination, and thus Bell’s termination was discriminatory.

In addition to other damages’, Mr. Pannu also awarded special damages against Bell for their “reckless termination.” He found Bell’s termination was reckless as, among other reasons, even though Mr. Luckman’s medical limitations were known to Bell, no one seemed to have “considered whether firing an employee recovering from cancer surgery might be discriminatory.”

How to support your argument of discriminatory firing

While it is important for employers to accommodate employee scenarios that are under protected grounds, you need to do a number of things to protect your position should you be “recklessly” fired.

• Clearly communicate accommodation needs: As this case demonstrates, it is important for all employees to communicate any accommodation needs with employers. Document all communication via emails or notes, as they may become important for later disputes. Requesting accommodation can not only make the day-to-day less challenging at work, but it also better protects your job should you find yourself in a difficult situation. Remember that accommodation needs should be communicated over time, so your employer understands whether the accommodations set up are meeting your specific needs.
• Understand what is considered protected grounds: Termination due to job performance or corporate restructuring might still be discriminatory if protected grounds under the Canadian Human Rights Tribunal was a factor that affected your job performance and that played a role in your employer’s termination selection process during corporate restructuring.
• Consult with an experienced employment lawyer: If you feel like your job may be at risk after you have requested accommodations at work, engage a lawyer early on. As the case has shown, even sophisticated employers, such as Bell, can act recklessly. They fired an otherwise high-performance employee to boost efficiency, but the decision backfired.