The Estate of Donald Mitchell v South Country Co-op Limited, 2023 Summary In the case of The estate of Donald Mitchell v South Country Co-op Limited, the issue of indirect employment discrimination was discussed. The case was finalized on November 3, 2023, but the incident itself happened in early 2021. The case raises awareness of alcohol addiction and mental health in the workplace and discusses how employers can provide reasonable accommodation for their employees who suffer from it. Donald Mitchell, an employee of a liquor store in Medicine Hat, Alberta, suffers from mental disabilities and alcohol addiction. He claims that after an incident involving his intoxication while at work, the defendant, South Country Co-op Limited, wrongfully
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As well, it was proven that the duty to inquire did arise and the evidence showed that the defendant simply refused to inquire. Due to this, the defendant did not follow the procedure in their policy that encourages supervisors to give accommodations to employees with substance dependency issues. Though the facts show that the three-part Moore test has been met, the Alberta Human Rights Act does not award damages to estates as general damages are given to individuals who suffered an injury to dignity or feel pain or suffering. Due to this, there were no general damages given to the estate or the plaintiff’s relatives. However, this case does meet the Alberta Human Rights Act’s public remedies set out above. With this, the defendant is ordered to refrain from committing the same violation of policy in the future. Lesson/Advice In this case, other employers should be reminded that if an employee shows signs of intoxication, you have a duty to inquire. It is also an employer’s responsibility to make sure that if an employee is suffering from addiction, reasonable accommodation
As well, it was proven that the duty to inquire did arise and the evidence showed that the defendant simply refused to inquire. Due to this, the defendant did not follow the procedure in their policy that encourages supervisors to give accommodations to employees with substance dependency issues. Though the facts show that the three-part Moore test has been met, the Alberta Human Rights Act does not award damages to estates as general damages are given to individuals who suffered an injury to dignity or feel pain or suffering. Due to this, there were no general damages given to the estate or the plaintiff’s relatives. However, this case does meet the Alberta Human Rights Act’s public remedies set out above. With this, the defendant is ordered to refrain from committing the same violation of policy in the future. Lesson/Advice In this case, other employers should be reminded that if an employee shows signs of intoxication, you have a duty to inquire. It is also an employer’s responsibility to make sure that if an employee is suffering from addiction, reasonable accommodation