Keays v Honda Canada Inc.

Tort Law and Chronic Fatigue Syndrome

Legal-Mania!!!

Chronic Fatigue Syndrome Defined

Characterized by extreme fatigue, poor coordination, giddiness, depression or malaise

Causes are unknown Profound fatigue not helped by

physical/mental activity, bed rest Work at much lower energy level than

before diagnosis of CFS

Key facts of the case• Keays started work at Honda Canada in

1986 in assembly plant in Alliston

• He was a model employee promoted to team leader- expected to instruct and lead

• Had bouts of drowsiness, health problems, forced to miss work

• Received glowing reports from Honda, except for his absences

Facts continued• His absences affected Honda's “lean” and

effecient operation requirements

• 1996 was diagnosed with CFS

• Returned to work in 1998 after insurance benefits were terminated- but missed more work, and was falling asleep at his work station

• Tried to work out accomodation

• But had to obtain medical notes, not required by other employees

Facts continued....• Was referred by Honda to two doctors,

who suggested there was nothing wrong with him

• Due to stress, frustration at being “stonewalled” by Honda- Keays got legal counsel

• Terminated in March 2000 for insubordination

• He sued for wrongful dismissal

Outcome/Award• March 17 2005, Kevin Keays received

two years salary and $500 000 in punitive damages

• Reduced to $100 000 punitive

• On further appeal to the Supreme Court, punitive was eliminated

Right Decision or Wrong Decision?