Dawe v. Newfoundland Liquor Corp., 2004 CarswellNfld 15 (N.L. C.A.)
Glen Dawe applied for the job of liquor control inspector at the Newfoundland Liquor Corporation. His former supervisor, when contacted as a reference, said Dawe might have a back problem.
The corporation contacted the Human Rights Commission and, after being told it was permissible to ask for one, told Dawe if he was offered the position he would be required to obtain a medical certificate. Dawe was the only applicant asked to do this and he objected strongly and angrily.
The case was appealed and re-appealed, with several issues needing to be resolved: Did the requirement for a medical certificate contravene the code? Was not offering Dawe the position discrimination under the Human Rights Code? Did Dawe appeal the possible violation within the time required? Could Dawe’s angry reaction on having been told of the requirement of a medical certificate be considered in assessing his overall competence?
Justice Welsh of the Newfoundland and Labrador Court of Appeal ruled Dawe had not filed his appeal in time. A complaint needs to be filed within six months of the contravention or within six months of the last incident of contravention. The contentious meeting had taken place in November 1994 and the complaint wasn’t filed until February 1996.
As such the judge dismissed the case against the Human Rights Commission on Dawe’s behalf. He also ruled the requirement for a medical clearance of Dawe and no other candidate was a violation of the code; that his physical condition was not one of the reasons he wasn’t hired; and Dawe had failed to establish the Liquor Corporation had contravened the code when it took into account his angry reaction.
Glen Dawe applied for the job of liquor control inspector at the Newfoundland Liquor Corporation. His former supervisor, when contacted as a reference, said Dawe might have a back problem.
The corporation contacted the Human Rights Commission and, after being told it was permissible to ask for one, told Dawe if he was offered the position he would be required to obtain a medical certificate. Dawe was the only applicant asked to do this and he objected strongly and angrily.
The case was appealed and re-appealed, with several issues needing to be resolved: Did the requirement for a medical certificate contravene the code? Was not offering Dawe the position discrimination under the Human Rights Code? Did Dawe appeal the possible violation within the time required? Could Dawe’s angry reaction on having been told of the requirement of a medical certificate be considered in assessing his overall competence?
Justice Welsh of the Newfoundland and Labrador Court of Appeal ruled Dawe had not filed his appeal in time. A complaint needs to be filed within six months of the contravention or within six months of the last incident of contravention. The contentious meeting had taken place in November 1994 and the complaint wasn’t filed until February 1996.
As such the judge dismissed the case against the Human Rights Commission on Dawe’s behalf. He also ruled the requirement for a medical clearance of Dawe and no other candidate was a violation of the code; that his physical condition was not one of the reasons he wasn’t hired; and Dawe had failed to establish the Liquor Corporation had contravened the code when it took into account his angry reaction.
