Niagara worker files $2.5-million disability discrimination application over coaching letter from employer
On March 19, 2026, the Human Rights Tribunal of Ontario dismissed a $2.5-million disability discrimination application brought by a wastewater system operator against his employer, the Regional Municipality of Niagara.
The individual worked as a system operator I – wastewater in the Water & Wastewater Services Division of the Region's Public Works Department under a Temporary Transitional Work Plan for a workplace injury.
On Nov. 5, 2019, he told the operator in charge he was unwell due to prescribed Baclofen and said he would rest where a cot was located. His manager arrived later and could not find him. After searching, the manager found the system operator in the women's change room behind a locked door.
The manager determined there was no medical emergency, that the employee was not too impaired to drive, and sent him home to recuperate.
The following day, the system operator was placed on paid administrative leave pending a Health Care Practitioners Questionnaire and medical clearance. He returned around Nov. 22, 2019, cleared without physical limitations, with the form noting the medication had since been discontinued.
The system operator’s evidence was that prior to Nov. 5, he had not told the employer he was taking medication with side effects that could make him dizzy or unwell.
Coaching letter at centre of the claim
On Dec. 12, 2019, the employer issued a Coaching and Counselling letter recounting that the employee was "found incapacitated, confined behind a locked door to the women's change room." It cited three concerns: the room was designated for female staff only; co-workers could not have intervened had he been in medical distress; and he had not contacted management about his condition.
The letter stated: "In light of the fact that you were affected by a change in medication as prescribed by your healthcare provider and that you acknowledge the inappropriate nature of the compromised situation your actions found you in, this non-disciplinary coaching/counselling letter is being issued as a reminder to always act diligently in your daily movements to keep the Management Team apprised of health and safety concerns, especially in terms of personal incapacitation, and that you are aware that your decision to conceal your condition could have become a serious health and safety hazard to you and your co-workers."
The collective agreement provided that the respondent and the union "agree that coaching and counseling letters are non-disciplinary," and its definitions section stated the term "harassment" does not include "feedback, coaching, counselling, or managing employee performance."
No pay loss, no discipline, no discrimination
But the system operator alleged that issuing the Coaching Letter while he was disabled violated his human rights and sought $2.5 million. Inbar found no disadvantage or adverse impact: his employment status was unchanged; he lost no pay and faced no disciplinary measures or threat of future discipline.
The Tribunal noted that subjective perceptions of disadvantage alone are insufficient to establish discrimination. Under cross-examination, the operator testified he had been unaware of the correct reporting procedure despite nine years with the employer; adjudicator Lavinia Inbar found this itself justified issuing the letter.
The manager's evidence was that the letter was issued "to inform the applicant that his actions on Nov. 5, 2019 were inappropriate and to reiterate the [respondent's] expectations that the applicant keep management informed of any health and safety concerns while working."
Inbar found the letter was not issued for discriminatory reasons, that the employee had not established a prima facie case of discrimination, and dismissed the application.
