Ailsa Jane Wiggins

The applicant, a youth outreach worker, alleged that his employment was terminated by the corporate respondent because of his race and colour, and as an act of reprisal.

The respondents maintained that the applicant was dismissed without cause due to performance issues, including complaints from community partners about his aggressive and unprofessional behaviour.

The Tribunal found no evidence of discrimination or reprisal, accepting the respondents' evidence that the termination was based on the applicant's failure to improve his performance after being placed on a Performance Improvement Plan.

The application was dismissed.

The applicants failed to attend a scheduled Case Resolution Conference despite having notice and their prior adjournment request being denied.

After waiting thirty minutes, the adjudicator commenced the hearing in their absence.

Upon the respondents' request, the applications were dismissed due to the applicants' failure to attend or provide a satisfactory explanation.

The respondents brought a motion to dismiss the human rights application on the basis that the Tribunal lacked jurisdiction because the Ontario Human Rights Commission had already made a final decision not to refer the complaint to the Tribunal.

The respondents argued that the Commission's process constituted 'another proceeding' under section 45.1 of the Code and that transferring the complaint was an abuse of process.

The Tribunal dismissed the motion, finding that the Commission's processes do not constitute 'another proceeding' and that the transitional provisions of the Code permit an applicant to abandon a complaint in the reconsideration process and transfer it to the Tribunal.

The respondents challenged the Tribunal's jurisdiction over an application filed under section 53(3) of the Human Rights Code.

The applicant had previously filed a request for reconsideration with the Ontario Human Rights Commission after her complaint was dismissed.

The respondents argued that by requesting reconsideration, the applicant attorned to the Commission's jurisdiction and could not abandon the complaint to transfer it to the Tribunal.

The Tribunal found that under the transition provisions of the Code, a complaint in the reconsideration process is a continuing complaint that can be abandoned and transferred to the Tribunal.

The Tribunal affirmed its jurisdiction and directed the parties to mediation.