Beaird v. Westinghouse Canada Incorporated

Disabled employees are particularly vulnerable and therefore, employers have to take care to ensure that they are properly accommodated, especially in the course of a termination. William Beaird injured his back at work in November 1989. After a long absence, his employer determined that he was capable of working but did not have a job for him and terminated his employment. Westinghouse also cut off Mr. Beaird’s disability benefits, causing him to have a mental breakdown and forcing him to go on welfare. At trial, Ken successfully argued that Westinghouse was wrong in refusing benefits to Mr. Beaird and had acted reprehensibly. The Court awarded Mr. Beaird both aggravated and punitive damages as a result of Westinghouse’s conduct.