“A lower court award of punitive damages in the case of a Honda Canada employee was dismissed by the Supreme Court. The Globe and Mail reported (June 28th, 2008)

The Supreme Court of Canada yesterday erased a landmark wrongful-dismissal award made to an employee of Honda Canada, Kevin Keays, who was fired after years of struggling with chronic fatigue syndrome.

Employers breathed a sigh of relief since the award Keays had received for punitive damages – originally $500,000, but reduced to $100,000 by the Ontario Court of Appeal – evaporated altogether in yesterday’s 7-2 ruling.

The majority also awarded legal costs of the appeal to Honda and emphatically disagreed with acid comments the trial judge made about the company.”

Honda was awarded legal costs against Keays which will further cripple the man. This court ruling is a setback for human rights and the rights of the disabled in Canada.

While Honda Canada may crow that it beat up another person with a disability, the Currie Treatment, it is the move of a bully. We should reward Honda by buying our cars from other less reprehensible auto manufacturers. When Honda setup in Canada it bragged about building better cars without a union. What they obviously are doing is treating employees in a negative paternalistic manner without union protection.

What is the case about? Keays, a long time Honda employee, got caught in the trap employers lay if you become disabled. Keays went on disability leave and Honda induced him to return to work on a trial basis. Due to his illness, Keays attendance was poor so they terminated him. By firing him Honda avoided their obligation to pay his long term disability. You cannot claim long term disability after you are fired or quit.

Was Honda thinking about the well being of a person who acquired a disability as their employee? Not likely, they were reducing their exposure to long term disability benefits. The practice is common among employers: the underhanded method used to trick Keays out of his benefits is what caused the lower courts to hold damages against Honda.

You can read about the cases is detail in the law blogs Morton’s Musings and Wise Law Blog.

Obviously the fact that three different courts in Canada ruled three ways on this case sheds light on the inconsistent nature of the courts in awarding Human Rights, punitive and other damages. Even at the Supreme Court, two of the judges disagreed with the majority which gives some hope for the future. However, our system says the majority at the Supreme Court makes the law so that is the law for now.

Court decisions can be capricious, based on the bias of judges, the relative abilities of opposing legal teams and the determination of the power structure to win. Honda was supported by the Canadian Manufacturers and Exporters. That’s a big enemy for a disabled person to win against.

Honda ought to be ashamed of themselves. I think I’ll write their Manabu Nishimae the CEO of Honda Canada a letter. He’s works at 715 Milner Avenue, Toronto, ON, M1B 2K8.