A disabled woman who says she was called a "one-armed bandit" by her Dairy Queen co-workers and fired because of her disability has been awarded more than $36,000 by British Columbia's Human Rights Tribunal.
Linda Vernon says while the money is certainly welcome, she hopes the case sets an important precedent for disabled workers who have been unjustly let go by their employers.
Ms. Vernon filed a complaint with the tribunal after she was fired from the fast-food restaurant in 100 Mile House, B.C., in May of 2009. Ms. Vernon alleged two of her co-workers not only ridiculed her, but also took steps to make her work more difficult.
She said the employees would deliberately close heavy lids on garbage containers while she was taking out the trash. Ms. Vernon also told the tribunal that sinks would purposely be left full of greasy cups and trays before her shift.
Heather MacNaughton, the tribunal member overseeing the case, said in her decision Monday that two of the employees - Michelle Brown and manager Kelly Brown - engaged in a "concerted effort to have Ms. Vernon resign from the Dairy Queen."
"I find that they made her job more difficult by creating work that they knew she would find challenging," Ms. MacNaughton said.
"I find that they did so because of her disability and their concern about her ability to perform all aspects of her job and to keep up with the upcoming summer demands on the Dairy Queen staff. I also accept that they referred to Ms. Vernon as a one-armed bandit."
Ms. MacNaughton ordered Kelly Brown, operations supervisor Craig Slater and Howatt Enterprises - which operates the restaurant - to pay Ms. Vernon $21,060 in lost wages. They were also ordered to pay $15,000 for injury to Ms. Vernon's dignity. Interest will be applied to both amounts.
Mr. Slater fired Ms. Vernon, though he was not accused of ridiculing her disability. Michelle Brown, though mentioned throughout the judgment, was not named as a respondent in the case.
In an interview Monday, Ms. Vernon said she was satisfied with the tribunal's award.
"The whole thing was the principle of it and I've seen it happen to other people, how they're treated if they have a disability, and [the employers]always seem to get away with it," she said. "This time they didn't."
Ms. Vernon said she hasn't been able to find work she was let go, and rumours about her have flown all over the community of 2,000 people in B.C.'s Southern Cariboo region. She said she's thought about moving out of town and may do so now that she has money coming in, though much of the award will go to bills, and that she hopes her case is cited the next time a disabled employee is fired without cause. She had told the tribunal the comments by her co-workers caused her great distress because she was always proud of how she coped with her lifelong disability.
Mr. Slater testified he fired Ms. Vernon after getting complaints she took extended breaks and was stealing food. Ms. MacNaughton said in her ruling she had concerns about Mr. Slater's credibility. A woman who answered the phone at the Dairy Queen in 100 Mile House said Mr. Slater was unavailable because he was on vacation.
A representative for Howatt Enterprises could not be reached.