A City of Vancouver sanitation worker is getting another shot at a human rights hearing after he filed for a judicial review in BC Supreme Court.
Joseph Francescutti was terminated after taking a jacket that was to be awarded by the City in the spring of 2013 for his exceptional attendance at work.
He admitted to his employer he suffered from mental illness, and that explained his actions.
He took the matter to the Human Rights Tribunal, but a member dismissed his complaint that the city discriminated against him and failed to consider his mental illness.
Francescutti argues the city wasn’t forthcoming with the Tribunal, and that his superiors knew of his mental illness and failed to take that into account.
The Judge ruled the Tribunal preferred evidence the city provided over Francescutti’s evidence that proved his mental illness.
The judge ruled, “The Tribunal’s decision should be set aside and the case should be remitted back to the Human Rights Tribunal for reconsideration.”