A Burnaby nonprofit group that serves people with disabilities was unable to persuade the B.C. Human Rights Tribunal to dismiss a claim that it discriminated against a disabled ex-employee.

On May 14, the B.C. Human Rights Tribunal denied the Burnaby Association for Community Inclusion's application to throw out a complaint filed Nicole Jourdin.

According to a decision on the tribunal's Web site, Jourdin has alleged that the BACI discriminated against her on the grounds of mental and physical disability.

Jourdin started working for the association in June 2008 as an "adult services worker" in a program for adults with physical and intellectual disabilities.

Tribunal member Kurt Neuenfeldt wrote in his decision that Jourdin took a medical leave on January 5, 2009.

Under a collective agreement, the employer paid for health and welfare benefits through the first 20 days of a medical leave, he added.

The association maintained that numerous efforts were made to obtain medical information from Jourdin to justify her absence, which extended for more than three months. After she didn't provide information, she was fired on April 23, 2009.

Neuenfeldt determined that he couldn't conclude that Jourdin's complaint had "no reasonable prospect of success".

"The question is whether BACI fulfilled its duty to accommodate Ms. Jourdin, or whether it acted prematurely in dismissing her," he wrote.

Neuenfeldt emphasized that he hasn't made any "final determination of the merits of the complaint".

He added that a tribunal-assisted settlement meeting has been scheduled, at which he hopes the dispute can be resolved.

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