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Keays v Honda Canada Inc.

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

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Keays v Honda Canada Inc.

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  1. Keays v Honda Canada Inc. Tort Law and Chronic Fatigue Syndrome

  2. Legal-Mania!!!

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. Right Decision or Wrong Decision?

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