Key Findings:
- Wrongful Dismissal:
- Khanom was terminated after requesting to work from home during a COVID-19 lockdown to protect her husband, who had health issues.
- The Court found the termination unjustified, awarding 14 months' salary as notice ($36,979.02).
- Human Rights Violation:
- Defendant’s refusal to accommodate Khanom’s work-from-home request, driven by her husband's disability, was deemed discriminatory under the Ontario Human Rights Code (s.12).
- Damages awarded: $15,000.
- Aggravated Damages:
- Due to malice and high-handed conduct by the Defendant, Khanom was awarded $3,000 for the emotional distress caused by the manner of her dismissal.
- Inconvenience Damages:
- Defendant’s misstatement on Khanom's Record of Employment caused a 10-month delay in her EI benefits.
- Damages awarded: $1,000.
- Costs:
- Total costs and disbursements: $6,494.59, awarded on a partial indemnity basis.
Total Damages Awarded: $62,473.61.