Flu, strep throat not disabilities: Tribunal

Employee was unable to attend mandatory training due to short-term illness
|Canadian Employment Law Today|Last Updated: 11/05/2014

An employee who had the flu and strep throat — which prevented her from taking training — did not have a disability requiring accommodation, the Ontario Human Rights Tribunal has ruled.

Candace Burgess was a registered massage therapist who designed and administered examinations for candidates seeking certification as registered massage therapists by the College of Massage Therapists of Ontario (OSCE). She performed these duties from 2004 to 2011 with one-year contracts renewed on an annual basis. A condition of each contract was to attend a mandatory training program for examiners held each year.

The training was mandatory for examiners because the certification exams involved different scenarios upon which candidates were assessed, and each year new scenarios were developed. Examiners attended the training to learn and understand the scenarios and ensure they all had a common understanding so candidates were consistently assessed and graded.