A man who developed persistent allergies after being exposed to harsh chemicals at Vancouver Shipyards won't get his job back, because he voluntarily gave it up, the B.C. Court of Appeal has ruled.
William Connor, who worked in the machine shop for 35 years, was fired in 2007 after he refused to have a medical exam to determine what work it was possible for him to do at the shipyard.
According to court documents, Connor had worked at the shipyard for over 20 years and had been considered a "highly competent, capable and willing worker who enjoyed his job" when in the 1990s he developed an allergic condition, diagnosed by doctors as rhinitis and asbestosis.
In the years following, Connor made claims for Workers Compensation benefits with limited success.
In 1992 the shipyard was ordered to make changes to its ventilation system, after an inspection. But the changes weren't enough to resolve Connor's allergies.
To accommodate his health problems, some work in the machine shop was done when Connor wasn't on shift. Other times, when fiberglass work was being done, he was sent home with pay, according to court documents.
But in January 2007, Connor was exposed to another blast of chemicals.
He had been discussing a job with another charge hand when fumes described as coming from cutting oils and solvents were blown into his office, prompting a bad allergic reaction.
The next week, Connor told the shipyard he was no longer willing to work in the machine shop. Shipyard bosses told him he would have to have a medical exam to determine how to accommodate his health issues. The shipyard later phoned and sent a letter to Connor to remind him of his appointment. But Connor didn't show up. The shipyard warned him if he didn't get tested, his bosses would consider that he had given up his employment.
Two months later, in March, Connor lost his job.
Connor subsequently lost an appeal of the case before a Labour Relations Board arbitrator. A panel of three appeal court judges recently upheld the decision, agreeing with the arbitrator that it was Connor's own fault the shipyard couldn't place him in an alternate position, because he refused to cooperate.
Follow us on Twitter: @NorthShoreNews
