Dan Gamache Trucking Inc 9785 Dallas Dr, Kamloops, BC V2C 6T4 fires trucker for having an artificial leg after working for 1 week. This individual has a left below knee prosthesis and it does not affect his ability to proficiently and safely do his job. The reasons given was they felt he was a liability to their operations due to his disability and was concerned about him climbing up on loads.They also said that they would give him a good reference and should operate a dry van instead of doing flat bed work.He has 2 years experience hauling oversize loads and hay. He has never had difficulties climbing up on hey rounds or high loads for tarping and load securement. They also said that they knew another driver who lost his leg and had to convert his logging truck to a water truck because he could not do do the heavy work involved in running a logging truck. This trucker also has 4 season's operating and maintaining a logging truck in the steep mountains of BC and was accustomed to chaining up both drives the jeep and the steering tire up to 4 times a day with no problems. He has adjusted to his artificial leg and considers it like wearing another boot.He has not worked since the dismissal as the British Columbia government decided to print his disability and a need for a prosthesis on his driver's license. This private and personal information is now on his driver's abstract. Most employer's want to see a driver's abstract before scheduling a job interview.This has limited him from competing for jobs as the province has branded him disabled to all potential employer's violating his privacy rights. He has never considered himself disabled until his government stamped it on his forehead.
Dan Gamache Trucking Inc 9785 Dallas Dr, Kamloops, BC V2C 6T4
Discussion in 'Report A BAD Trucking Company Here' started by truckinginbcsucks, May 21, 2014.
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We live in a litigious society. I can understand his employers choice. Sounds like most of the problem is with the government. I'm sorry about his circumstance and he certainly has my well wishes, but I'm not sure the company did wrong.
pattyj Thanks this. -
Since a class 1 driver in Canada must complete a medical each time they renew their license (or more often in some cases) I disagree that the company is in the clear.
Are we suggesting HR people and Legal are better suited to make declarations about drivers' health than the doctor who is evaluating their fitness? It seems like this would open the door for all kinds of nonsense reasons to discriminate against otherwise suitable candidates.
According to this company's logic, being female could be a disability. It's printed on the license, and some females may not be able to tarp, chain and climb as well as some males can. So instead of asserting a person's actual ability, they just decide that ALL women should be prohibited from this type of work to save on potential Worker's Compensation claims.
Most old people are frail, so NO old people should will be hired for this type of work, regardless of their real abilities.
People of such and such a race/province/state use drugs at a higher than average rate, so none shall be hired regardless of drug test results.
Call the BC Human Rights Commission and ask about your rights. Workplace discrimination isn't taken lightly or else there would be "Handicaps need not apply" signs at every turn. It's wrong and the Labour Codes in the provinces of Canada are very clear on what is considered acceptable reasoning for firing an employee. (Just a hint: perceiving that there might be a problem or lawsuit in the future is NOT one of them.)
Good luck! -
The trucking outfit gave him a shot despite his disabilty and determined after a week he did not cut the mustard. How is that discrimination? Becuase in your opinion he could?
Doctors determine drivers fitness to work at a job, not if the driver performs to the satisfaction of the employer -
We don't know who termed his employment. Could have been safety. Could have been the owner. Could have been a driver committee.
The situation sucks. I agree with that, but I still think it was the right choice.
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