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BADM270 Business Integration

tag 0 Download 0 Pages / 0 Words tag 18-06-2022
  • Course Code: BADM270
  • University: Red Deer College
    icon is not sponsored or endorsed by this college or university

  • Country: Canada


The case Horvath v Rocky View School Division deals with the duty of the employer to provide facilities to an employee in the event any employee suffers from any disability, at workplace. In this case, the plaintiff suffered a shoulder shoulder injury that resulted in dislocation of his shoulder, during the course of his employment. According to the medical practitioner, the plaintiff would not be able to raise her hand over the shoulder permanently. A person suffering from any form of disability implies that such person would not be able to perform his day-to-day activities. Section 10 of the Ontario Human Rights Commission Code, has given a broad meaning to the term disability according to which whether a person is suffering from any form of disability can be determined if such person is unable to perform his/hr work the way he/she used to otherwise perform (Marchington et al., 2016).

In the given case, the plaintiff was unable to perform her day-to-day activities owing to the dislocation of her shoulder, which implies that she was suffering from disability (Liddiard, 2015). However, the employer did not take any initiative to provide the employee with work related facilities, enabling her to work. The employer failed to figure out a more suitable work for the employee that would enable her to work despite her disability and instead, the employer was more eager to dismiss the employee on the ground that she was no more capable of performing any work in the school. Thus, this is a pure case of prima facie discrimination where the employee was subject to discrimination owing to her disability that has been caused to her during the course of employment.

The defendant argued that if they had accommodated the plaintiff they would have to undergo unnecessary hardship and he doctor has stated that the employee is permanently disabled, therefore he considered termination of the employee a more feasible option. This is because, the disability of the employee shall prevent her from working as she used to, forever, which would amount to a hindrance to the company as well. However, the tribunal that was dependent on the procedural concept of duty to accommodate presented a different view from that of the defendant. The tribunal was of the opinion that the employer has failed to consider any accommodations that would facilitate the employee to return to her normal activities. Further, the employer also did not consider providing the employee with any other position that would be appropriate for her condition (Salsgiver, 2015). The policy of the school restricts the duty to accommodate the employee in her position. The defendant did not consider the work experience, capabilities and qualifications but only considered the disability of the employee. Therefore, his contention that accommodation of the employee would cause him unnecessary hardships is irrelevant.

The moral lesson, which the employers should take from this case, is that they must not frame or implement any policies that restrict execution of accommodative measures. The accommodation measures must be flexible, fair enough to support, and facilitate the employees suffering from disabilities to work as per their capabilities and qualifications. 

Reference List

Horvath v Rocky View School Division No. 41, 2015 AHRC 5 (CanLII)

Liddiard, K. (2015). Disability, human rights and the limits of humanitarianism.

Marchington, M., Wilkinson, A., Donnelly, R., & Kynighou, A. (2016). Human resource management at work. Kogan Page Publishers.

Salsgiver, R. (2015). Disability: A diversity model approach in human service practice. Oxford University Press.

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