Woman fired after cancer diagnosis gets $20K
Elsa Torrejon's lawyer: 'You don't expect to be kicked when you're down'
Last Updated: Tuesday, July 13, 2010 | 5:24 PM ET
CBC News
Elsa Torrejon was fired after telling her employer she had cancer. (CBC) The Ontario Human Rights Tribunal has ordered that a woman who was fired after telling her employer that she had breast cancer be awarded $20,000 in damages.
Elsa Torrejon was working as a leasing agent for Toronto-based Weston Property Management Corporation when she was diagnosed with breast cancer in January of 2009.
Torrejon said she told the company about her illness and that she needed to take an indefinite leave of absence to receive treatment. Weston had a different account of the matter, saying Torrejon had offered to resign in light of her diagnosis, a narrative Torrejon disputed.
Based on conflicting reports put forward by two managers at the company — a married couple, Doug and Geri McDonald — the tribunal determined that Torrejon had not voluntarily resigned.
The tribunal also found that Weston, a small firm managing a group of apartment buildings, acted in the mistaken belief that it could terminate an employee who required time off for surgery and treatment.
"To have an illness, you expect sympathy, but you don't expect to be kicked when you're down," said Michelle Mulgrave, Torrejon's lawyer.
Weston was ordered to pay Torrejon $20,000 in general damages and lost wages. The company is also required to learn about Ontario's Human Rights Code.
"In this case the employer ... acknowledged that she was ill, but I think they didn't go further. And they should have gone further," Mulgrave said.
"If they had gone further they would have found out they had a responsibility under the code and they could have turned their minds to accommodate her disability."
Weston has declined to comment on the case.
Share Tools
Top News Headlines
- Air Canada confident it can reach deal with pilots
- Travellers flying Air Canada can keep booking their flights as negotiations continue with a new federally appointed mediator to help resolve an ongoing contract dispute between the airline and its pilots. more »
- Legalize pot, say former B.C. attorneys general
- Four former B.C. attorneys general are joining a coalition of health and justice experts calling for the legalization of marijuana. more »
- Whitney Houston's funeral to be held Saturday
- Pop star Whitney Houston's funeral service will be held Saturday in the New Jersey church where she first showcased her singing talents as a child. more »
- CN blamed for fatal train derailment in Illinois
- CN is being blamed for a 2009 train derailment in Illinois, in which several cars went off the tracks and caught fire, killing one person and injuring seven others. more »
Latest Health News Headlines
- Diners keen on smaller side-order portions
- Researchers infiltrated a fast-food Chinese restaurant and found up to a third of diners jumped at the offer of a half-size of the usual heaping pile of rice or noodles, even when the smaller amount cost the same. more »
- Radiation after lung cancer doubted for some
- Older people with lung cancer shouldn't routinely receive radiation because it doesn't help them live longer, a new U.S. study finds. more »
- Legalize pot, say former B.C. attorneys general
- Four former B.C. attorneys general are joining a coalition of health and justice experts calling for the legalization of marijuana. more »
- Former Capital Health worker sorry for privacy breach
- A former employee of Nova Scotia's largest health board is apologizing for breaching the privacy of 120 patients by viewing confidential health records over a six-year period. more »
FEATURED HEALTH
- Online surveillance critics accused of supporting child porn
- Whitney Houston's funeral to be held Saturday
- HMCS Corner Brook collision damage extensive
- Online surveillance bill targets child porn: Toews
- Legalize pot, say former B.C. attorneys general
- Mooning Queen proves costly for Australian man
- MacKay says submarine fleet has 'spotty' history
- Man kidnapped at Greyhound station escapes captors
- Stanley Cup rioter seen in brick attack on cop
