Coca-Cola put employee on sick leave retraining program rather than return him to work
A 64-year-old worker at a Coca-Cola bottling plant in Brampton, Ontario has been awarded $18,000 in damages for mental distress following a six year battle to get his old job back.
The employee had worked at the company's plant in nearby Thorncliffe since 1978. Over the course of his career, he suffered workplace injuries that left him with permanent disabilities. When the company opened a new plant in Brampton in 2001, the worker elected to stay in Thorncliffe to take a general duties position compatible with his injuries, which included psychological issues.
In 2002, the worker was told his job was being eliminated. He asked the manager about a new job and it was suggested he apply for a position operating a forklift. The worker was reluctant because of a previous back injury, but was told it was the only available job. He tried the position, while continuing to raise concerns about his disability, and shortly thereafter was told not to report for work. Instead, he was placed on sick leave and made eligible for worker's compensation.
The worker wasn't satisfied and continued to ask about returning to Coca-Cola. He reluctantly agreed to participate in a labour market re-entry (LMR) program where he was "re-trained" as a parking lot attendant.
After completing the program in 2005, he once again asked about returning to Coca-Cola. Since his layoff, he had heard reports that his former job had, in fact, not been eliminated and was being filled on an ad hoc basis by other employees. In 2006, he filed three grievances, including one that accused the employer of failing to accommodate his disabilities.
A year later, the employee underwent a comprehensive assessment by an outside agency to determine which jobs he may be capable of performing. The report found five different positions he could handle, but he was still not returned to work.
The union argued the worker was not laid off because of psychological problems but due to a lack of work. Yet, as jobs opened up, the union said the employer purposefully kept the worker "off the radar" and that attitude eventually created and contributed to his mental distress.
Coca-Cola denied it failed to accommodate the employee, arguing that as long as the worker was in the LMR program, there was no necessity to accommodate him. The company also suggested the worker's mental health problems started long before the layoff.
