A former Gander resident has won a human rights case against a former employer.
Newfoundland and Labrador Human Rights Commission adjudicator Gladys H. Dunne found Doreen Samson had been discriminated against for her height when she was fired from her position at Greco Pizza in early February 2013. Samson is four-feet-nine-inches tall.
The pizza shop is under the ownership of Ruter Enterprise Inc.
It is a decision that was several years coming for Samson.
Samson first filed a complaint with the commission in 2013 alleging discrimination by the company.
In that complaint, Samson wrote that she was employed at Greco for just one week before she was terminated. Her position required her to use the shelves that stored the dough maker, toppings and other items.
She had trouble reaching those shelves and was forced to use a milk carton as a stool. In early February, around the second day of the month, Samson was called into the office and told by owner Terry Young that she was fired.
According to Samson, Young told her that she couldn’t stand on the milk carton and he would not be able to keep employing her.
Young and Ruter Enterprises alleged Samson was unable to perform any of the duties they had hired her for and that having Samson use a milk carton to stand on would be negligent of their responsibility to make sure their employees are safe in the workplace.
Through evidence heard from both Samson and Young, the adjudicator determined that Samson had been fired from her job and discriminated against because of her height.
Dunne found that Ruter had made no attempt to meet with Samson to discuss her issues, nor did they attempt to remedy the situation.
As a result of the decision, Ruter Enterprises is ordered to pay $5,000 to compensate Samson for “the loss of dignity, self-respect and humiliation that she has suffered.”
Due to her firing, Samson had to see a psychiatrist and was prescribed anti-depressants.
The company is also ordered to compensate Samson for the loss of wages from Feb. 2, 2013 to early April 2013, when she tried to find employment but was unable to do so. Samson was guaranteed 40 hours a week and paid $10 an hour by Ruter, which equals a restitution payment of $3,200.
The company must also pay interest on the judgment according to The Judgment Act.
Ruter Enterprises must also undergo human rights training with an emphasis on the accommodation of people with disabilities, particularly those who are short.
Nicholas Mercer is a Local Journalism Initiative reporter covering Central Newfoundland for Saltwire Network.
