Requiring medical certificate against Human Rights Code

|Canadian Employment Law Today

Dawe v. Newfoundland Liquor Corp., 2004 CarswellNfld 15 (N.L. C.A.)

Glen Dawe applied for the job of liquor control inspector at the Newfoundland Liquor Corporation. His former supervisor, when contacted as a reference, said Dawe might have a back problem.

The corporation contacted the Human Rights Commission and, after being told it was permissible to ask for one, told Dawe if he was offered the position he would be required to obtain a medical certificate. Dawe was the only applicant asked to do this and he objected strongly and angrily.