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

Wet’suwet’en pipeline supporters speak up

“The protesters get one side of the story, and they stand up with their fists in the air”: Skin

Bachrach rejects calls for police action against demonstrators

Skeena-Bulkley Valley MP says only way out of crisis is “true nation-to-nation” talks

Coast Mountain College appoints a new president

The promotion came from within the school

Coastal GasLink pipeline investor committed to closing deal despite protests

Developer TC Energy Corp. — formerly TransCanada Corp. — is to remain the operator of the $6.6-billion pipeline

College finds a new president

Promotion comes from within

Blair says RCMP have met Wet’suwet’en conditions, calls for end to blockades

The Wet’suwet’en’s hereditary chiefs oppose the Coastal GasLink project

B.C. lawyer, professor look to piloting a mental-health court

In November, Nova Scotia’s mental-health court program marked 10 years of existence

COLUMN: Not an expert on First Nations government structures? Then maybe you should calm down

Consider your knowledge about First Nations governance structures before getting really, really mad

One dead in multi-vehicle collision involving logging truck on northern B.C. highway

DriveBC says highway expected to remain closed until 8 p.m.

B.C. teacher gets 15-year ban after lying about having sex with just-graduated student

Teacher had been dishonest with the B.C. Commissioner for Teacher Regulation

Pipeline talks got B.C. railway open, can work again: Horgan

Premier says protest excesses damage Wet’suwet’en case

Exclusive: Pamela Anderson talks plans for waterfront Ladysmith property after 12-day marriage

Anderson says she can pay her own bills. Peters denies making comments suggesting she can’t

Burger King breaks the mould with new advertising campaign

The company is known for irreverent ad campaigns

Maggie and Tim: B.C. residential school survivor turns to faith, forgiveness in mourning son

A young man’s tragic death and his mother’s survival through hardship

Most Read