Honda Canada has been shattered with the most severe penalty for firing an employee with chronic fatigue syndrome (CFS). It is by far the stiffest price ever imposed in an employment case in the country. This case is a reminder of how bad things can get for people in workplaces that are lacking in understanding and compassion.

Kevin Keays has been with Honda ever since it started its operation in 1986. And he started developing symptoms of chronic fatigue soon after he began working at the Honda assembly plant and went on and off of disability insurance for two years. He was then forced to return to work in 1998 after his benefits were terminated. Keays tried to work out an adjustment with Honda but his efforts were wasted and instead he was referred to two doctors who suggested that there nothing wrong with him. After years of getting the company to recognize his disability and making the necessary accommodations, he was formally fired in March 29, 2000 as a result of his disability.

Judge McIsaac called Honda’s conduct outrageous and said its actions “should make the blood boil of any right thinking individual.” In Keays case, he was only seeking from the company the reasonable accommodation for his disability. But the reverse happened – he was terminated. The courts strongly condemned Honda for firing the employee and described the company’s action as planned and deliberate, forming a prolonged corporate conspiracy against Keays.

This case will have a huge impact for other Canadians who suffer from chronic fatigue syndrome or CFS. Further, this strikes a significant victory for employees with CFS and it will also open floodgates to punitive damage claims in wrongful dismissal cases. Keays was a victim of discrimination and harassment and Honda should have recognized his illness as a disability.

In addition, the result of this case puts employers in a terrible dilemma because they are entitled to information and they are going to have to look very carefully at how they handle employees who are reluctant to give in.

The court agreed and ruled against Honda while harshly criticizing the company for discriminating against Keays. He was awarded two year salary and $500,000 punitive damage. The decision of Judge McIsaac, thus, sends a message to employers and companies large and small that reproving and offensive conduct towards employees is not going to be tolerated and that when it occurs, the courts are going to be willing to address it.