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• Index • The Dhillen Case • The Pannu Case • The Nijjar Case • The O'Malley Case • The Roosma Case • The Moore Case • The Kurvits Case • The Schroen Case • The Caldwell Case • The Fancy Case • The Brockie Case • The Ross Case • The Trinity Case • Resources • Printer Friendly Version •
Facts
Pannu was a Sikh recaust operator who was dismissed by the employer, Skeena
Cellulose, when he refused, on religious grounds, to shave his
beard. As recaust operator, he was responsible for shutting down the
recaust area in the event of a poisonous leak. To accomplish this
task without losing consciousness, he would have to wear a
self-contained assistive breathing device that formed a protective
seal around his mouth and nose. Facial hair broke the protective
seal provided by the apparatus, and was therefore prohibited. Pannu
filed a complaint stating that the likelihood of a poisonous leak
was remote and that the employer should have accommodated him by
reassigning the safety duty to another employee. [Workers'
Compensation Board (No.2) (2000), 38 C.H.R.R., D/494, 2000 BCHRT 56
]
Questions
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Is it reasonably necessary to require
that the employee responsible for shutting down the recaust area
be clean-shaven?
-
Would accommodating Pannu by
reassigning the safety duty to another employee have incurred
undue hardship on the employer ?
Rulings
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Yes
-
Yes
Reasoning
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The Tribunal found that it is
reasonably necessary for the employee responsible for shutting down the
recast area be clean-shaven for reasons of safety; that of the individual
wearing the assistive breathing device, and that of his co-workers working
in the recaust area.
-
The Tribunal found that there
was a fairly high probability of poisonous gas leaks occurring in the
recausting area. Accommodating Pannu by reassigning this duty to another
worker, would have incurred undue hardship in two ways; it would have meant
a significant shift of responsibility (disruption of the Collective
Agreement) to a worker with significantly less experience
(unreasonably risk affecting the safety of all workers in the area).
Further information on
Religious Dress:
Policy on Creed and the Accommodation of Religious Observances,
s.7.1
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