As someone who’s experienced the devastation of chronic fatigue syndrome (although, after five years, I’m recovering), this Canadian case involving Honda ("the power of dreams is alive at Honda") is a reminder of how bad things can get for people in workplaces that, unlike mine, are lacking in understanding and compassion. The Employment Law Today website reports:
The Supreme Court of Canada once said it takes a ‘large whack’ to wake up a wealthy and powerful defendant to its responsibilities. Honda Canada Inc now knows what that ‘large whack’ feels like after the Ontario Superior Court of Justice ordered it to pay $500,000 in punitive damages — reportedly the stiffest penalty in an employment case in Canadian history — to one of its former employees.
Justice John McIsaac of the Ontario Superior Court of Justice didn’t pull any punches in harshly criticising the auto manufacturer’s treatment of a long-term employee who was suffering from chronic fatigue syndrome (CFS).
Kevin Keays started work with Honda shortly after it began operations in Alliston, Ontario, in 1986. Justice McIsaac said it was ‘without debate’ that Keays was a dedicated and conscientious employee. He was prepared to make his employment at Honda his life work and to be the best employee he could.
But Keays health deteriorated to the point that he was off on disability from October 1996 until December 1998. His disability benefits were terminated in December 1998 following a work capacity evaluation conducted on behalf of London Life. Keays described this process as a farce.
During trial, evidence came out that a company doctor did not believe that CFS was a source of permanent disability ‘as most patients are significantly improved within three years of diagnosis’. The court said that view was not consistent with data from the Centre for Disease Control in Atlanta. According to the CDC, the actual percentage of patients who recover is unknown, and even the definition of what should be considered recovery is subject to debate.
Justice McIsaac said workers disabled by invisible impairments such as chronic pain and chronic fatigue face numerous problems. ‘Just because Mr. Keays did not carry a white cane, use a hearing aid or get around in a wheelchair, did not make him any less deserving of workplace recognition of his debilitating condition,’ he said.
He ruled that Honda's misconduct was planned and deliberate, and formed a protracted corporate conspiracy against Keays.
'For some reason that escapes me, (Keays) seems to have been targeted despite being an ideal employee, except for his CFS-related absenteeism, and who was otherwise valued by Honda and other workers,' said Justice McIsaac.
'It would appear to me that Honda ran amok as a result of their blind insistence on production efficiency at the expense of their obligation to provide a long-time employee reasonable accommodation that included his own physician’s participation.'
Honda has said it plans to appeal the decision.
I can't reveal myself or else I will get fired from Honda. I must say they work us like slaves. I feel for this guy because $500,000 isn't a lot of money for such a big giant as Honda, they broke their promise of a dream job for this guy. The judge already ruled, they should OBEY the law and stop wasting tax payers dollars to run this guy down further!
Posted by: Honda Employee | 17 March 2007 at 01:31 AM