Employment Law: Horvath v Rocky View School Division Case Analysis

This report provides a comprehensive analysis of the Horvath v. Rocky View School Division case, which centers on employment law and human rights. The case involves Ms. Horvath, who suffered a shoulder dislocation leading to a physical disability, and her subsequent termination by Rocky View School Division. The report addresses key questions, including whether Ms. Horvath had a disability, if the case constituted prima facie discrimination, and whether the employer fulfilled its duty to accommodate her up to the point of undue hardship. The analysis delves into the legal implications of the Alberta Human Rights Act, highlighting the importance of protecting human rights in the workplace and the consequences of discrimination. The report concludes with lessons for employers, emphasizing the need for non-discriminatory practices and the provision of reasonable accommodations for employees with disabilities. It references relevant books, journals, and online resources to support its findings.

Human Rights Coarse
Employment Law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Question 1: Did Horvath have a disability?.................................................................................1
Question 2: Was this case of prima facie discrimination?...........................................................1
Question 3: Did the employer have a duty to accommodate Ms. Horvath and , if so, did it fulfil
that duty up to the point of undue hardship ?...............................................................................2
Question 4: In your opinion, what lessons does this case hold for employers ?..........................2
CONCLUSION................................................................................................................................2
REFERENCES................................................................................................................................3

INTRODUCTION
Health and safety at workplace is very essential and Ministry of Labour has implemented
various strategies in this relation. Employment Standard Act and Occupational Health and Safety
Act are implemented to protect human rights at workplace. Horvath v Rocky View School
Division case law is one of the primary cases evident to implication of human rights at
workplace. In this case Ms. Horvath suffered from full dislocation of her right shoulder while
performing her duty in the school (Horvath v Rocky View School Division, 2015). This leads
leads her to physical disability. In the period of her treatment received through Workers
Compensation Board Rocky View terminated her employment. This termination was on the basis
that due to this shoulder dislocation she could no longer perform any meaningful part of the
caretaker position. Ms. Horvath brought a complaint to the Albert Human Right Commission
alleging that Rocky View discriminated against her in the employment practices on the ground of
her disability. In this project report the case scenario will be discussed completely by providing
reasons and issue in complete manner.
MAIN BODY
Question 1: Did Horvath have a disability?
In this case Ms. Horvath suffered from shoulder dislocation which lead her not to
perform her duty in same manner as earlier. This dislocation will be termed as disability because
she can not use her right hand for performing any activity that is related to weight. This will be
termed a physical disability that restricts area in which she can perform work. As a care taker she
use to perform work that requires lifting of weights and now she is unable to perform these
activities. Although she was able to performed other activities and not suitable for the work
which require some physical strength and usage of hands.
Question 2: Was this case of prima facie discrimination?
Prima Facie means something visible at first sight or can be encounter at first appearance.
When Ms. Horvath faces discrimination at the workplace on the basis of disability she made a
compliant to the Alberta Human Rights Commission. The tribunal found that case is clearly
stating prima facie discrimination (Hajjar, 2017). As the School Division terminated her
employment because of disability- related restrictions on her work. On the first sight to the case
issue it can be analysed by the tribunal that discrimination is made on the basis of physical
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disability of Ms. Horvath for her work. The case of prima facie discrimination is visible as any
person can make judgement of discrimination made or not.
Question 3: Did the employer have a duty to accommodate Ms. Horvath and , if so, did it fulfil
that duty up to the point of undue hardship ?
When case was filled to Alberta Human Rights Commission School Division pleaded that
they have a policy of not permanently accommodating any of its employees (Stein, 2017). After
six to eight weeks of temporary accommodation employee is required to return to job. This
policy of School is not justified in the law as it leads to arbitrary and unwarranted restrictions on
the school division duty to accommodate. It was duty of the employer to accommodate Ms.
Horvath and School Division failed to assess options. The Tribunal ordered the School Division
to compensate Ms. Horvath for the lost of income and for injury to dignity and her distress.
Employer was not able to fulfil his duty up to the point of undue hardship.
Question 4: In your opinion, what lessons does this case hold for employers ?
This case hold a good lesson for employees that discrimination at workplace will not be
accepted at workplace on any basis. Even if the organisation possess policy for not permanently
accommodating employees, existing employees if suffer from disability and can be employed for
other job in the organisation then accommodation must be provided. If any form of
discrimination is made as per Alberta Human Rights Act then compensation as per law needs to
be provided by employer to the employee who suffered loss due to discrimination (Stephens,
2017).
CONCLUSION
From the above project report it has been concluded that promoting equality and no
discrimination at workplace must be established in each organisation. Human rights must be
protected and for this Alberta Human Rights Act is introduced. When discrimination takes place
in the business organisations than Tribunal of Alberta Human Rights takes actions and helps in
providing justice against discrimination.
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REFERENCES
Books and Journals
Hajjar, L. (2017). Human rights in Israel/Palestine: The history and politics of a movement. In
Law and Social Movements(pp. 137-154). Routledge.
Stein, M. A. (2017). Disability human rights. In Nussbaum and Law (pp. 3-49). Routledge.
Stephens, B. (2017). The amorality of profit: transnational corporations and human rights. In
Human rights and corporations (pp. 21-66). Routledge.
Online
Horvath v Rocky View School Division. (2015). [Online]. Available through:
<http://chrr-chry.ca/decisions/horvath-v-rocky-view-school-div-no-41-no-1>
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