He was fired by text after two on-the-job injuries but one refusal sealed his fate
A truck driver injured twice in his first two weeks on the job was fired by text message after announcing he could return to work, and still lost his human rights complaint. A key reason: he refused to hand over a single medical document.
In a decision dated July 27, 2026, Vice-Chair Anthony Michael Tamburro of the Human Rights Tribunal of Ontario dismissed the worker's claims of disability discrimination, age discrimination, and reprisal against an auto parts company. The employee had been hired at a starting rate of $18 as a full-time truck driver in August 2019 and alleged he was terminated because of injuries he sustained on the job.
Hired on Monday, injured by Tuesday
The worker started at the company on August 19, 2019. The very next day, according to the decision, he sustained his first injury while moving tires alone, a task he said should have required two people. By August 27, his doctor had diagnosed him with an inguinal hernia. Three days later, he was hurt again while dragging a heavy steel door from a garbage bin and developed a groin strain.
On September 5, a specialty clinic confirmed both conditions, and the worker informed his employer. The next day, he received a paycheque marked "final pay." When he called the company owner about it, he was told to let him know when he was ready to return.
On September 15, the worker texted the owner to say he could return on September 23. The owner did not reply. The next day, the worker texted again, and the owner responded: "Please you know I only hired you for 3 weeks while I was on holidays so move on." The Tribunal found the worker's employment was terminated on September 16, 2019.
A hiring email told a different story
The three-weeks claim was directly contradicted by a company email sent before the worker's start date. That email stated: "This email is to confirm your date of hire for Monday the 19th of August 2019. Rate of pay to start is $18 with a review in three [months'] time. You will be working for highland bins, as full time employment. ..."
At the hearing, the company owner agreed it was not true that the worker had been hired for only three weeks. He testified he made the statement "out of frustration" and that the worker had "harassed us over and over." The Tribunal accepted that explanation, finding the text more likely reflected frustration than any intent to discriminate.
The decision pointed to three problems with the worker's case: he took several days to inform his employer of his injuries, he refused to provide medical documentation despite repeated requests, and he was "quite rude" to the employer.
No medical documents, no case
The exchange that sealed the outcome came on September 16, minutes before the firing. The employer texted asking for a doctor's note: "Can't you come to the office I need your doctors note." The worker replied: "Not sure what you're talking about Still waiting to hear from Wsib They told me they have nothing on file from you What's with that?" It was only after that response that the owner sent the termination message.
The Tribunal noted that people seeking accommodation have a duty to cooperate in the process, and found the worker fell short. "It is probable that this entire matter could have been avoided if only the applicant has provided the respondents with some sort of medical documentation," the decision stated.
While it was "possible" that the worker's disability played a role in his firing, the Tribunal concluded that possibility was not enough. The evidence was "not sufficiently clear, convincing, and cogent to satisfy the balance of probabilities test," and all three claims were dismissed.
