Canadian Employment Law Today

July 24, 2013

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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CELT July 24 2013:celt 467.qxd 13-07-09 2:44 PM Page 3 CANADIAN EMPLOYMENT LAW TODAY Ontario worker gets $70,000 for discrimination and reprisal firing Employee's perceptions of discrimination were often wrong but employer didn't investigate and fired him following complaint | BY JEFFREY R. SMITH | was to be the go-between for the company and the installation crews, someAN ONTARIO company has been ordered thing which suited Morgan because he by the province's human rights tribunal wanted to work in an office environment to pay a former employee more than without physical labour, which he had $70,000 in lost wages and other damages done previously. resulting from discriminaMorgan was aware that tion and harassment based he was the only black man on the employee's race and employed with Herman DISCRIMINATION reprisals for the Miller, other than the subemployee's complaint. contracted installation Aldeen Morgan was an installation crews. He soon became concerned when scheduler for Workplace Resource, a he was asked to perform duties outside division of Herman Miller Canada, a fur- of his job description and outside of his niture design and installation company regular work hours. Many of these based in Toronto. The position was a duties involved physical labour such as new one created to streamline the super- moving heavy furniture. He felt he was vision and scheduling of the installation required to do more and heavier work crews for Herman Miller, who are sub- than others because of his colour. contracted by the company. Morgan's job In the spring of 2008, about 10 months after Morgan began working for Workplace Resource, the president told him the company was considering no longer outsourcing the installation work. He indicated this information was confidential, but Morgan later told one of the company's biggest contractors what was going on. Herman Miller considered terminating Morgan's employment for disclosing the information, but Morgan apologized and he was put on a six-month probationary period beginning in August 2008 during which his work would be monitored. Concerns of racial discrimination grew In the winter of 2008, Morgan saw an Continued on page 9 Here's the thing, it only moves if you push the button. When we're thinking about our clients, chances are we're not thinking about so we can start thinking about you too. Published by Canadian HR Reporter, a Thomson Reuters business 2013 3

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