B.C. tribunal tosses human rights complaint over garlic, onion and latex balloon allergies

Lengthy dispute ends with rejection for Burnaby employee

The B.C. Human Rights Tribunal has again rejected a woman’s complaint that her employer discriminated against her by not accommodating her allergies to garlic, onions and latex balloons.

Tracy Klewchuk has worked for the City of Burnaby for more than 25 years, according to tribunal documents published this month online. This includes working at the Bill Copeland Sports Centre and the Kensington Complex.

But in 2007 or 2008 Klewchuk said she told her employer that she was allergic to latex balloons and asked they stop using them at the rec centre.

Klewchuk claimed that between 2008 and 2018 she was repeatedly exposed to latex, garlic and onions, despite her allergies. Instead of replacing the balloons, management “simply schedule her for shifts where there would be no balloons on site,” resulting in her losing work hours.

She also claimed that she was given a poor performance review “in retaliation for her complaints of discrimination.”

Both rec centres stopped using latex balloons in 2016, according to tribunal documents from 2018.

The city has denied the allegations and in late 2018 applied for the tribunal to order Klewchuk to disclose more information to back her claims, including when she told her supervisors about her allergies as well as when and where she was exposed to latex, garlic or onions while at work.

Seventeen different applications were filed between the Klewchuk and the city as tribunal member Devyn Cousineau worked to gather necessary information to make a ruling on the dispute.

But in April last year, Cousineau dismissed the case, ruling that Klewchuk had “failed to particularize a number of her allegations.”

ALSO READ: $12K awarded to atheist family who oppose Christmas, Hanukkah in B.C. classroom

Klewchuk asked the tribunal to reconsider Cousineau’s decision earlier this month, arguing that she didn’t have all the documents she needed from the city in order to argue her case fairly.

In her final decision, Cousineau said that tribunal decisions are typically considered final, and it would be “manifestly unfair” to allow Klewchuk to re-argue the same issues.

“In my view, Ms. Klewchuk has not identified how any interests of justice or fairness could justify reopening the decision in hopes of achieving a different result,” Cousineau wrote. “In contrast, I am satisfied that doing so would significantly compromise the fairness and efficiency of this process.”


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Kevin Timothy to plead guilty to animal cruelty charge

He will appear at the Duncan courthouse on June 23

To serve and protect Harvest House Food Bank’s mandate

New measures implemented for continual service to the community

Updated contact information needed for continuation of education opportunities

School District to provide resources and support for students

North Cowichan works towards resuming services

Municipal staff doing what it can to meet certain requirements

Recycling centres keep winter hours with visitor restrictions and limited service

Traffic volume up to three times above the norm being experienced

‘The Office’ star John Krasinski offers Some Good News in trying times

‘The human spirit still found a way to break through and blow us all away’

Long list of events disrupted by COVID-19 around the community

Challenging situation affecting fundraisers, entertainment, sports and more

Canada to spend $2B more on procuring medical supplies for COVID-19 fight

Government has signed deals with three companies

World COVID-19 updates: Putin may be exposed; 30,000 prisoners released

Comprehensive news update from around the world as of Tuesday, March 31.

Canada expands 75% wage subsidy to COVID-19 affected businesses of all sizes: Trudeau

Program will provide up to $847 per week for each worker

‘This is no joke’: B.C. woman in Alberta hospital asks people to stay home during COVID-19

‘I want people to start listening to what the doctors are saying. This is no joke, please stay home’

Rest stops barring washroom access to truckers a ‘huge problem’ as COVID-19 spreads

Teamsters Canada says truckers are increasingly being denied warm meals

Canadians asked to wash mailboxes, keep dogs at bay, to ensure safe mail delivery

Four postal workers in Canada have tested positive for COVID-19 infection:

Most Read