19.10.09. Three years ago, Peter Wakeling was diagnosed with a terminal brain disease.
After 33 years of working for Weyerhaeuser – he recalled he loved his work at the company’s mill in Okanagan Falls – he was forced to book off on long-term disability.
But four months later, while Wakeling and his wife Trudi were coping with the progressively debilitating effects of the disease, cerebellum ataxia, Wakeling received a termination letter from Weyerhaeuser.
Wakeling was extremely upset with the impersonal letter, feeling he had “worked his ass off for Weyerhaeuser” for more than 30 years.
Wakeling, 59, later learned he wasn’t alone.
The company had terminated three other employees – Ed Iceton, David Cardoso, and Ingrid Schellenberg – while they were all on long-term disability benefits.
Months later, the company announced it was permanently closing the OK Falls plant in the Okanagan.
The employees’ union, the United Steel-Workers Association, Local 1-423, filed a
discrimination complaint against Weyerhaeuser with the B.C. Human Rights Tribunal.
The tribunal recently ruled in favour of the union and the
former employees.
Tribunal member Marlene Tyshynski found that Weyerhaeuser rushed to terminate the four employees to avoid paying them severance, which was discrimination of mental and physical disabilities.
Tyshynski ordered Weyerhaeuser to reinstate the union members to the employment status they held at the time of termination and to pay them severance.
The union members were making $25 an hour before they were terminated. The collective agreement states that upon severance, because of plant closure, each employee will be paid 10 days of pay for every year of service.
The tribunal member further ordered the company to pay the four former employees to compensate them for injuries to their dignity, feelings and self-respect: $20,000 to Wakeling, $16,000 to Iceton, $14,000 to Cardoso and $5,000 to Schellenberg.
Weyerhaeuser was also ordered to pay pre-judgment
interest and was ordered to refrain from committing a similar contravention of the Human Rights Code.
“The total the company has to pay is over $267,000,” USWA Local 1-423 vice-president Pat McGregor said Friday.
“All four felt really betrayed by the company,” he said. “They put a lot of time and effort into the company.”
He added: “They are four of the nicest people you’ll ever meet.”
McGregor said he is glad for all four, but especially Wakeling, who can no longer communicate.
“... I’m glad the decision came out when it did. I think the tribunal member
absolutely nailed it.”
Weyerhaeuser spokesman Wayne Roznowsky said the company was disappointed by the decision and does not agree with the findings.
However, it does not plan to appeal.
“We’ll resolve the matter in accordance with the ruling,” he said Friday.
Fuente: The Vancouver Sun








