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

Quesnel RCMP respond to three gun-related calls, including drive-by shooting, in five days

Sgt. Richard Weseen says the Quesnel RCMP has seized more than 17 firearms in the month of September

Williams Lake First Nation inks historic cannabis deal with B.C. government

The agreement paves the way for WLFN to sell cannabis to the government, and open stores across B.C.

Cariboo Chilcotin Coast Tourism Association CEO Amy Thacker named to provincial Tourism Task Force

The Province is allocating $50 million in the Economic Recovery Plan to implement new measures

Cariboo Regional District hopes to build low mobility trail at Pioneer Park

The regional district is applying for federal funding for trail construction and site upgrades

COVID-19: 4 more deaths, 366 new cases in B.C. since Friday

A total of 8,208 people in B.C. have tested positive for COVID-19 since January

Group wants Parliament, courts to hold social media to same standard as publishers

Daniel Bernhard made the comments shortly after Friends of Canadian Broadcasting released a research paper

B.C.’s Chase Claypool catches first NFL touchdown pass

Abbotsford grad establishes new record for longest scrimmage TD by a Canadian

B.C. has highest number of active COVID-19 cases per capita, federal data shows

B.C. currently has 1,803 active cases after weeks of COVID-19 spikes in the province

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

181 days gone: Family continues to look for man last seen in RCMP custody 6 months ago

Brandon Sakebow’s last known location was leaving Mission RCMP cell, police say; family has doubts

B.C. unveils new cannabis sales programs to help small, Indigenous growers

Government did not say how it will define small producers, but says nurseries will be included in the policy

B.C. transportation minister will not seek re-election

Claire Trevena has held the position since 2017

Most Read