March 6, 1996
(Employment and Labour Relations)
The following is being distributed at the request of the Human
Rights Commission:
The Human Rights Commission releases the decision of Derrick Watton,
adjudicator in the complaint of Sherry Clarke against Country Garden Florists.
Sherry Clarke filed a complaint with the Human Rights Commission in
December 1993 alleging that she was discriminated against in employment on the basis of
physical disability. Ms. Clarke, who was employed as a floral designer, broke her foot in
November 1993 and was required to wear a walking cast. Ms. Clarke's complaint alleged that
her employment was terminated because of the walking cast. She stated in her complaint
that Ms. Noble "was concerned about how the customers would look at the fact that I
had a cast on and what they would think of her as an employer." Ms. Clarke is of the
opinion that her employment was terminated because of her physical disability contrary to
Section 9 of the Human Rights Code.
At the hearing which commenced on October 24, 1995 at the Airport Plaza
Hotel in St. John's, Gregory Stack, lawyer for Country Garden Florists argued that since
Ms. Clarke's injury was of a temporary nature she was not protected by Section 9 of the
Human Rights Code. The adjudicator, Derrick Watton, adjourned the hearing to rule on this
preliminary point.
In a decision released on March 1, 1996, Mr. Watton states that Human
Rights legislation is to be given an expansive reading to further its broad purposes. Mr.
Watton went on to say "with all due respect, I do not think that whether a particular
illness is transitory is relevant, especially under the wording of our definition of
`physical disability' where the illness may cause `any degree of infirmity'". Mr.
Watton's decision states that a temporary injury may constitute a physical disability.
The respondent has 30 days to appeal the decision to the Trial Division
of the Supreme Court. In the absence of an appeal, the Human Rights Commission will
reconvene the hearing. Copies of the decision are available at the office of the Human
Rights Commission.
Contact:
Gladys Vivian
Executive Director
Human Rights Commission
P. O. Box 8700
St. John's, Newfoundland
A1B 4J6
Phone: (709) 729-2709 or (709) 729-2326
Toll Free: 1-800-563-5808
1996 03 06 2:15 p.m. /md
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