CSR | April 2017 | News
in an employment relationship
with Summit, based on the fact
they worked solely for Summit,
Summit directed and supervised
their work, the company pro-
vided safety training and mate-
rials and equipment. Therefore,
Summit was required to provide
workers' compensation cover-
age. The tribunal also found that
Summit's owner promised at
least three years of employment
based on its large contracts that
would provide such work and
the Goossens accepted a lower
wage rate based on that promise.
The tribunal also found
Joanne Goossen suffered a
workplace injury and her hus-
band duly reported it to Sum-
mit. The new workers' compen-
sation premium reduction it
introduced following the acci-
dent was an attempt to reduce
costs or avoid consequences
from Joanne's injury, since it
wasn't credible that a company
that had been around for de-
cades suddenly decided to im-
plement such a premium, said
the tribunal.
The evidence showed that
following Hans Goossen's ter-
mination, Summit still em-
ployed approximately 50 work-
ers at the hospital site and hired
at least one new drywall taper
shortly thereafter. Taken along
with the fact Summit had sev-
eral major contracts, the tribu-
nal found the company's claim
of shortage of work to be "not
accurate, credible, or reliable."
This led to the conclusion that,
in the absence of any perfor-
mance issues, Hans Goossen's
termination was part of Sum-
mit's attempt to avoid any cost
from his wife's injury — and his
marital status therefore played a
role in the termination decision.
The tribunal also found Sum-
mit falsely told the Workers'
Compensation Board that her
employment would only have
lasted until Jan. 30 — the date it
terminated her husband's em-
ployment — when all indications
were she would have kept work-
ing for some time if not injured.
In addition, after Hans provided
the doctor's note clearing Joanne
for modified work, Summit did
nothing to follow up.
Summit didn't investigate any
options for accommodation,
even though the Goossens in-
dicated she was willing to work
and hoped to return. As a result,
it terminated her employment
because of her disability, which
constituted discrimination, the
tribunal said.
"On the evidence, I infer that
the catalyst for Summit's actions
were to avoid any penalty or cost
to Summit that may have result-
ed from Mrs. Goossen's work-
place injury," the tribunal said.
"If Mrs. Goossen's injury had
not occurred, the facts establish
that both Mr. and Mrs. Goossen
would have continued working
at Summit for several years."
Summit was ordered to pay
Joanne Goossen $20,000 for in-
jury to dignity and self-respect
because of the discrimination
she suffered. No damages for
lost workers' compensation cov-
erage were awarded as requested
by Joanne.
Summit was also ordered to
pay Hans Goossen $20,000 for
injury to his dignity and self-re-
spect arising from the discrimi-
nation he suffered, as well as lost
wages from the date of his termi-
nation to Oct. 31, 2011 — the es-
timated date he would have had
work with Summit had Joanne
not been injured — less what
he earned at a lesser-paying job
from April 2009 to July 2011.
For more information see:
• Goossen v. Summit Solar
Drywall Contractors Inc.,
2016 CarswellAlta 2646 (Alta.
Human Rights Trib.).
Husband < pg. 6
Company suddenly implemented premium
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