Company terminates worker despite his attempts to cooperate with the accommodation process
Kingston, Ont. HVAC company that fired a technician while he was still trying to get a doctor's note after a heart attack has been ordered to pay $35,000 and send its managers and administrative staff to human rights training.
On May 28, 2026 decision, Human Rights Tribunal of Ontario vice-chair Karen Mason found that Exclusive Cooling Ltd. ended Ray Rombough's employment at least in part because of his disability.
She ordered the company to pay $35,000 for injury to dignity, feelings and self-respect, plus four weeks' wages subject to statutory deductions for pay in lieu of notice and severance.
Heart attack during seasonal layoff
Rombough had worked as an HVAC technician since the spring of 2018, a seasonal role that ran with layoffs from February into spring. According to evidence from his physician, he lived with rheumatoid arthritis, multiple sclerosis and chronic swelling in his feet that often kept him out of steel-toed boots.
The company had informally accommodated that for some time.
While on seasonal layoff in late April 2020, Rombough suffered a heart attack. When he felt ready to return, a co-owner told him he first needed a note from his doctor confirming he could come back. COVID-19 made that difficult, and he testified that he could only see a nurse practitioner, who was unable to provide the documentation.
No notice, severance with termination
Before Rombough could secure the note, he learned around June 26, 2020 that his job and benefits were gone. The tribunal heard that he received no record of employment, no written notice and no severance. Earlier that month, the company had also asked him to return his work vehicle without telling him his status had changed.
Mason found the company terminated Rombough rather than waiting for the note: "Rather than wait until the applicant was able to provide a note from his doctor, the respondent terminated his employment, despite it being clear that the applicant was attempting to cooperate with the accommodation process."
She also found the company knew about his significant health conditions and had intended to bring him back from layoff before changing course once it learned of his recent heart attack. On that basis, she concluded the termination breached both the procedural and substantive duty to accommodate.
$35,000 award for employee
In his closing submissions, Rombough sought $85,000 in general damages along with compensation for lost income, future medical costs and cancelled benefits that ran well into six figures. Mason awarded $35,000 and declined the larger amounts.
She declined to award lost wages because the medical evidence showed Rombough was unable to work regardless of the firing.
"Although I found that the respondent violated the applicant's rights in terminating his employment due to his disability, the applicant's inability to resume working was not through the actions of the respondent."
Exclusive Cooling did not attend the hearing and has not contacted the tribunal since, so Mason decided the case on the record before her. Beyond the payment, she ordered that all management and administrative staff complete the Ontario Human Rights Commission's "Duty to Accommodate" and "Human Rights 101" online modules within 60 days, with written confirmation to Rombough.
