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

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

file
Oak Bay resident bilked $3,300 in puppy scam

Three cases of fraud reported in two days

Sidney’s Star Cinema has temporarily closed as part of efforts to COVID-19. (Black Press Media File).
Sidney’s Star Cinema temporarily goes dark

Closure reflects provincial health order in effect until Dec. 7

Victoria police are asking for help locating Jordan Doddridge who is wanted on a Canada-wide warrant. (Courtesy of Victoria Police Department)
VicPD seek help locating man wanted on Canada-wide warrant

Jordan Doddridge has an extensive criminal history including violent offences

(Black Press Media file photo)
Victoria dine and dash brings $230 fine

Group paid the bill, police locate suspect who violated provincial restrictions, mistreated staff

Central Saanich Police impounded two vehicles in less than hours for excessive spending Monday evening and Tuesday morning, handing out $1,185 and 15 points in total fines during some nine hours. Both incidents happened at intersection of Highway 17 and Island View Road. (Central Saanich Police/Twitter)
Central Saanich police hand out almost $1,200 in excessive speeding fines

One driver received 12, the other driver three points

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

(Pixabay.com)
Man, 28, warned by Kootenay police to stop asking people to marry him

A woman initially reported the incident to police before they discovered others had been popped the question

Winston Blackmore (left) and James Oler (right) were sentenced on separate charges of polygamy this week in Cranbrook Supreme Court.
No more charges expected in Bountiful investigation, special prosecutor says

Special prosecutor says mandate has ended following review of evidence from Bountiful investigations

(Ashley Wadhwani/Black Press Media)
Refuse to follow B.C.’s mask mandate? Face a $230 fine

Masks are now required to be worn by all British Columbians, 12 years and older

Parksville’s French Creek Harbour experienced a diesel spill on Nov. 23 after a barge and fishing vessel collided. (Mandy Moraes photo)
Coast Guard cleans up diesel spill in Parksville’s French Creek Harbour

Barge carrying fuel truck collides with fishing vessel

Stock photo
Senior from Gibsons caught viewing child porn sentenced to 10 months

74-year-old pleaded guilty after police seized 1,500-2,500 images

BC Teachers' Federation President Teri Mooring is asking parents of school-aged children to encourage the wearing of masks when possible in schools. (THE CANADIAN PRESS/Chad Hipolito)
LETTER: Teachers union encourages culture of mask wearing in B.C. schools

BCTF President Teri Mooring asks parents to talk with children about wearing masks in school

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

(Pixabay)
All dance studios, other indoor group fitness facilities must close amid updated COVID-19 rules

Prior announcement had said everything except spin, HIIT and hot yoga could remain open

Most Read