Path General Contractors owner Dennis Donovan.

Image Credit: INSTAGRAM: Path General Contractors

A BC contractor that fired a construction worker after it found out he had Hepatitis C is on the hook for $67,000 after it failed to participate in a BC Human Rights Tribunal hearing.

According to a May 4 BC Human Rights Tribunal decision, in October 2018 the construction worker – referred to as Mr D in the decision – received a text from Path General Contractors owner Dennis Donovan saying he was fired because he did not disclose that he had Hepatitis C.

The decision says Mr D worked for the Langley-based contractor and the day before he was fired, he injured himself at work.

His injury required first aid and Mr. D told the construction safety officer treating him that he had Hepatitis C.

The construction safety officer then "ran across" the job site and yelled, "Holy shit, did you know (Mr. D) has hepatitis." He also said he wanted him gone.

"These comments were audible to other employees," the Tribunal said.

The next morning, when Mr D arrived at work he got a text from Donovan telling him he was fired because he didn't disclose his Hepatitis C diagnosis.

Mr. D launched a Human Rights Tribunal case against Donovan and his company, but they didn't seem to care and didn't bother turning up at the hearing.

The decision lists multiple occasions the company was contacted by the Tribunal and told it needed to respond to the case.

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On the morning of the hearing in April, Donovan emailed the Human Rights Tribunal asking to reschedule for 30 days time.

The Tribunal said he had to submit an application for an adjournment, but he failed to do so.

"I am satisfied that (Donovan was) notified of the complaint and had full knowledge of the ongoing dispute resolution process. I find... (he was) given opportunities to respond and participate in the Tribunal’s process, had notice of the hearing, and (was) given a full opportunity to attend," the Tribunal ruled.

Ultimately, the hearing went ahead without Donovan and the Tribunal came to an easy decision.

"While employers rarely announce that they are dismissing an employee for discriminatory reasons, in this instance there is undisputed overt evidence that Mr. D’s Hepatitis C diagnosis was the reason for his firing," the Tribunal ruled.

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The Tribunal ruled Path General Contractors had no right to fire him and ordered it to pay Mr. D $48,672 in lost wages plus $18,500 as compensation for injury to his dignity, feelings, and self-respect.

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