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Human Rights (Ont) - Discrimination - Disability

. Ovwodorume v. Human Rights Tribunal of Ontario [COVID]

In Ovwodorume v. Human Rights Tribunal of Ontario (Ont Divisional Ct, 2025) the Divisional Court dismissed a JR, here against a dismissed "reconsideration decision of the Human Rights Tribunal of Ontario" in a claim which "alleged discrimination and reprisal with respect to employment because of disability":
[7] Mr. Ovwodorume submits the Tribunal misapplied the law by ignoring that he was terminated for the perceived disability of having COVID-19. We disagree. It was reasonable for the Tribunal to conclude Mr. Ovwodorume’s termination was based on the contravention of workplace policies and procedures rather than a perceived disability. The Tribunal relied on the portion of the termination letter stating Mr. Ovwodorume was being terminated “for serious violations of Vita’s policies and procedures.” The letter stated it was a violation of policy and procedure for Mr. Ovwodorume not to inform his wife that he was removed from his shift because he was in contact with staff who had tested positive for COVID-19. It stated this resulted in his wife continuing to work and that he had thereby put Vita members and staff at a severe potential health risk. In the circumstances of this evidence, it was reasonable to conclude the termination was not due to a perceived disability.


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Last modified: 05-02-25
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