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

Okanagan Mascot Games returning to Penticton this July

HarVee and the Vancouver Canucks’ Fin are among the 24 mascots coming to the South Okanagan

Interior Health appoints administrator at Summerland Seniors Village

Numerous concerns raised about private seniors care facility

Penticton seeking additional downtown input on potential cycling routes

The City has narrowed down the choices to two options and wants public input before deciding

Breaking: Penticton woman pleads guilty to manslaughter of boyfriend

Kiera Bourque pleaded guilty in a Penticton courtroom on Monday

Long-time winemaker retires after 14 years in Oliver

Robert Summers joined the Hester Creek Estate Winery team in 2006.

Okanagan rescue team comes back home from Australian mission

Brad Pattison’s team spent 33 days rescuing wildlife

Kelowna mayor to request RCMP’s ‘unfounded’ sexual assault report

RCMP said the report was completed over a month ago but have yet to release it or make a statement

Criminality not suspected in Ellison trailer fire death

The body was discovered after crews responded to reports of a house fire

VIDEO: B.C.’s seventh coronavirus patient at home in Fraser Health region

Canada in ‘containment’ as COVID-19 spreads in other countries

Kelowna youth accused of killing 16-year-old released

The young woman was arrested on Feb. 21 and is facing one charge of manslaughter

Man arrested following suspicious trailer fire in Kelowna

Reports came in about the fire at approximately 11:45 a.m. on Monday morning

Body discovered following vehicle fire on Kelowna property

Firefighters discovered a body in a home on Anderson Road

‘Please be quiet,’ Kelowna Mayor tells sexual assault survivor protesting in council chambers

Forty per cent of sexual assaults reported to Kelowna RCMP in 2019 were deemed ‘unfounded’

Salmon Arm boy is only Para-Nordic athlete at BC Winter games

Thirteen-year-old Kaden Baum competed in three races on his sit-ski at the games.

Most Read