Toronto, Canada, February 19, 2008 – Baker & McKenzie LLP Toronto lawyers George Avraam and Mark Mendl will appear before the Supreme Court of Canada - the country's highest court, in the controversial case of Keays v. Honda Canada, which concerns the interplay of an employer's duty to accommodate a disability in the workplace under provincial human rights legislation, on one hand, and common law claims for wrongful dismissal, on the other.

Mr. Avraam and Mr. Mendl represent pro bono, the Alliance of Canadian Manufacturers and Exporters, one of two interveners in this case on behalf of Honda Canada and Canadian Employers.  Interveners on behalf of Keays include two provincial human rights commissions, the Council of Canadians with Disabilities and the Ontario Network of Injured Workers. The case will be heard on February 20, 2008.

The Keays case represents a significant opportunity for the Supreme Court of Canada to consider and clarify the common law courts role and approach to employment disability cases, an area in which the role of the courts has been limited since the Supreme Court of Canada's decision, Bhadauria v. Seneca College, 1981 CanLII 29 (S.C.C.).

One of the principal issues before the Supreme Court is whether the common law courts do in fact have the jurisdiction to deal with human rights issues, including the duty to accommodate as raised in the Keays case in light of the comprehensive statutory schemes that have established specific agencies and tribunals to deal with these human rights issues. The Supreme Court of Canada’s decision on this issue has important implications for all Canadian workplaces and is therefore one that will be watched closely by all employers throughout Canada.

The Keays case arises out of the termination from employment of a disabled employee who was diagnosed with Chronic Fatigue Syndrome and whose health deteriorated to such a degree that he had to take time off work. Following his return to work, the employee experienced a significant amount of health-related absences, which led to a deterioration of the employment relationship and termination for insubordination. The employee then brought a court action for wrongful dismissal, where he was awarded substantial damages, including $500,000 in punitive damages for the breach of his rights under provincial human rights legislation, which was the largest such award in a Canadian employment law case. The Ontario Court of Appeal upheld the majority of the trial judge's decision but reduced the punitive damages award to $100,000.