One particular co-worker publicly and repeatedly questioned whether the worker’s medical restrictions were legitimate, criticized him for no performing his regular duties, and often called him a “lazy Chinese.” The worker said that he complained to management about the bullying behaviour, but the company didn’t properly investigate and instead unfairly disciplined him for yelling at the co-worker.
Termination of employment
Teva terminated the worker’s employment on March 17, 2022. The worker believed that he was terminated at least in part because of his disability, accommodation needs, and as a reprisal for complaining about the harassment he experienced.
The worker sued Teva in a civil action before the Ontario Superior Court of Justice, seeking damages for wrongful dismissal, $40,000 in damages for discrimination based on disability in breach of the Ontario Human Rights Code, and $40,000 in damages for the intentional infliction of mental distress, reprisal and/or harassment.
Seven months after launching the civil action, the worker filed a human rights application against Teva, alleging discrimination in employment because of race, disability, and age, plus a reprisal.
In October 2022, an attempt at mediation in the civil action was unsuccessful. The parties missed certain deadlines under the Rules of Civil Procedure and the worker stopped hearing from his legal counsel.
