He wins discrimination case and headline is about cost

Post Reply New Topic

he Region of Waterloo paid lawyers nearly $260,000 to fight a human rights complaint from an employee with Asperger's syndrome — but says it had no choice but to spend that money.

The legal costs, released by the regional municipality this week, came from a five-year Human Rights Tribunal of Ontario case launched by Kelly Groh, a facilities analyst for the region.

In November, Groh — who is still employed by the region — won his legal battle when the tribunal agreed he had been discriminated against because of his disability and ordered the regional government to pay him $10,500.

Groh was seeking $200,000 in damages, compensation for lost wages and benefits and better training for regional staff to deal with employees with disabilities.

He also wanted the tribunal to post a sign in the workplace indicating he had been discriminated against by the region, which was declined.

The case centred on the way Groh was treated during an extended stress leave, and a contentious return-to-work meeting in September 2012, which he says led to him being hospitalized.

The tribunal ruled the region and the union didn't deliberately discriminate against Groh — but by treating him as "any other employee," they ignored his unique challenges with social and sensory issues that make him sensitive to noise, bright lights and crowded places.

Ken Seiling, the regional chair, said several factors inflated the region's legal costs throughout the hearing. Groh's union, the Canadian Union of Public Employees, Local 1656, was also named in the complaint, which bogged down the proceedings.

"It was an unusual hearing, in that there were actually three parties to the hearing, which required more time," Seiling said.

"Because of the nature of the concerns, the hearing took much longer and many more days than would normally happen."

There were 16 days of hearings, far more than typical in a human rights case. The tribunal took frequent breaks because of Groh's condition.

Seiling said the region's lawyers tried multiple times to settle the case, but Groh declined.

"We made efforts to attempt a settlement, but were unsuccessful," Seiling said. "Because of his request ... we were bound to try to defend it."