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

COVID-19 cases grow to 13 at B.C. First Nation near Fort St. James

“This is very serious,” says Nak’azdli Whut’en Chief

Rumours of Air Canada backing off Oct. 1 flight resumption unfounded

The airline and airport are preparing for return of scheduled traffic

Ecosocialists nominate candidate for Stikine

Edward Quinlan is the new party’s regional director for Skeena and Bulkley Valley regions

Minor parties scramble to get candidates nominated for Stikine

Taylor wants to be Christian Heritage Party candidate, Repen makes bid to represent Rural BC Party

Local M.D. urges keeping social bubbles to six

“This situation is happening in our own communities:” Dr. Kate Niethammer

B.C. records 98 more COVID-19 cases, most in Lower Mainland

One new senior home outbreak, Surrey Memorial outbreak over

PHOTOS: 2nd calf in a month confirmed among Southern Resident killer whale pod

Center for Whale Research said they will eagerly await to observe the calf to evaluate its health

2 British Columbians arrested, 3 at large in massive Alberta drug bust

Eight people are facing 33 charges in what police have dubbed Project Incumbent

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

97 distressed horses, cats and dogs seized from farm in Princeton

RCMP assisted as BC SPCA executed search warrant

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

$250K reward offered as investigation continues into Sea to Sky Gondola vandalism

Police also asking for specific footage of Sea to Sky highway around time of incident

Trudeau ‘disappointed’ by RCMP treatment of Sikh officers over mask issue

World Sikh Organization of Canada said taking Sikh officers off the front lines constitutes discrimination

Liberals reach deal with NDP on COVID-19 aid bill, likely averting election

NDP and the Liberals have reached an agreement on COVID-19 sick-leave

Most Read