Posted by: Thixia | July 29, 2008

Law Injustice: MS patient 3 of 3

 

 HI Bonnie Again thanks for your interest

 

 Again my message is for discussion and without prejudice

 

 All federal Superior Court cases in Canada are published on the internet.  They can be accessed by lawyers I got my case from the court house through a lawyer I know.

 

 I faxed pertinent pages to the MS Society.  They faxed back to say unless a lawyer says it is feasible legally to do so they will not intervene to clarify any matter — including the medical one in the court decision – that ruled that diagnosed ill with MS I was considered;

  1. fit and
  2. able to do any type of work – despite saying my MS caused poor disciplined clerical performance

A medical examination was not performed to show that showed my MS was not the cause of any disciplined performance.

 

The MS society in their literature claim that no physician can predict the course of a person’s MS.  It can strike unaware and be a liability.  For example, airline pilots in Canada ill with MS cannot fly airplanes.  Of course, many types of work cannot afford a liability like MS

 

IN my case the onus was ruled as up to me to show, after the fact, that my MS caused poor clerical performance and an inability to do my work, which called for dismissal as a discipline, without notice.  I was not in a union and I was a clerk prone to error – yet rather than transfer me I was kept in the same work position. 

 

If you like and if you need the pertinent Court decision pages for legal verification or purposes, I can arrange to fax them to you.  MY motive in this matter is to get matters out in the open so this type of injustice cannot happen again.

 

The problem, I think, is a political and an embarrassing one.  The clever, legal way the case was presented – as the judge said – prevented him from ruling in my favour to exonerate me and give me redress for the financial discipline and my losses. 

 

I think that any labour lawyer away from this area of influence – would look into the matter and be very surprised and interested in correcting matters somehow.  Here, lawyers flatly refuse to touch it.  All this might seem strange to you in Canada.  I can backup everything I claim.  The matter needs help from the right person or persons at the right time I will not give up.  Bonnie, please let me know how you feel or what feedback you get.  In unity there is strength. 

 

How we treat or help those disabled among us is a sign of what we are.

 

Hi Bonnie,

 

Just a follow-up re my last email

 

I realize that if an employee cannot perform the job hired for – dismissal because of that can be imposed –

 

However in my case harmful financial disciplines were used and justified to cure matters in the case of incurable unpredictable ms once accommodated for 20yrs.

 

MS is covered in prior case law with a duty to be accommodated if feasible -but not disciplined. 

 

Google case law Kzrnaric v.Chevrett stream down to see the prior case law Kznaric v Chevrette

 

My employer admitted my MS caused poor clerical work yet used harmful financial discipline.  They admitted they could have used dismissal, but without harmful discipline and with benefits due my 25 years of service .

 

I committed no illegal act nor was it shown I was ever duly convicted or charged with one.  There is no cure for MS yet it was testified even though I did not have a medical examination that: I was treated as fit and healthy with discipline.

 

 

Thanks, 

 

Laurie

 

 

Note from Bonnie,

 

Could this happen to you?  Could this happen to your family members?  Could this happen to your friends?

 

Has this happened to you or someone who you know?

 

Please give me your stories and opinions on this article.  If you have a suggestion, a comment, or a story of your own please email me at: MSBonnie@Sasktel.net

 

 

 

Bonnie

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