Tribunal rules against fired worker who claimed assault 0
A shipper-receiver for a Langley company who claimed his boss attacked him during a shift and was then fired for dishonesty won't be able to dispute his termination with the B.C. Human Rights Tribunal.
The tribunal’s decision this week said the RCMP had investigated the claim Francis Naidu was attacked in March while working at Stuyver’s Bake Studio. It found no evidence an assault occurred.
The employer maintained he was fired for dishonesty in claiming his back injury prevented him from working.
The decision said Naidu sought medical attention 12 days after the alleged attack and also took time off work. WorkSafeBC and police investigated the incident and both rejected the assault claim.
“It is undisputed that the conclusion of both the police and the WorkSafeBC investigator was that the surveillance footage revealed no interaction between Mr. Naidu and the operations manager, let alone a physical altercation,” tribunal member Enid Marion wrote.
That means there’s “no reasonable prospect” for Naidu to prove he was fired because he couldn’t work because of the injury, the tribunal decided.
“They say he was not terminated due to any disability, but due to the irreparable breakdown of the employment relationship.”