David Shannon

The applicant, who is not of Aboriginal heritage, alleged discrimination in employment on the basis of race after the respondent, an Aboriginal friendship centre, did not hire him for several positions.

The Tribunal found that the respondent's preference for hiring Aboriginal persons who speak Cree and understand Aboriginal culture constituted a special program under section 14(1) of the Human Rights Code.

Furthermore, the successful candidates possessed superior educational, language, and cultural qualifications compared to the applicant.

The applications were dismissed.

The respondent requested an adjournment of the hearing because it required disclosure of materials from a third party, Bartimaeus, which had previously employed the applicant.

The Tribunal had previously ordered Bartimaeus to disclose the documents, but only a blank contract had been produced by the hearing date.

Finding that the missing documents went to the heart of the application and that proceeding without them would prejudice the parties, the Tribunal adjourned the hearing and directed the applicant to obtain and disclose the documents or advise if the third party failed to produce them.

The applicant filed an application under section 53(3) of the Human Rights Code.

After an unsuccessful mediation, a Case Resolution Conference was scheduled.

The applicant failed to produce required documents, failed to attend the Case Resolution Conference, and did not contact the Tribunal to explain her absence.

The respondents attended and requested that the application be dismissed.

The adjudicator concluded that the applicant no longer wished to pursue the application and dismissed it.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following a workplace injury.

The respondent requested the application be dismissed for failure to establish a prima facie case.

The Tribunal granted the request in part, dismissing the allegations regarding the applicant's inability to successfully bid on other jobs, finding he was physically incapable of performing the essential duties.

However, the Tribunal declined to dismiss the allegations concerning the discriminatory effect of the accommodation agreement on the applicant's seniority rights and benefits, finding a prima facie case was established and requiring a response from the respondent.

The applicant, an insurance broker, alleged discrimination in employment on the basis of disability after her employment was terminated while she was on short-term disability leave recovering from knee surgery.

The respondents maintained that the termination was the result of a corporate restructuring that began prior to the applicant's leave, driven by the acquisition of a new partner and client base.

The Tribunal found that the decision to terminate the applicant's employment was based on legitimate business reasons and that her disability was not a factor.

The application was dismissed.

The applicant requested an adjournment of a Case Resolution Conference because he was unable to read the respondent's materials, which were provided in an electronic format.

The applicant advised the Tribunal that he has a disability that makes it difficult to read electronic documents.

Although the applicant had not previously requested accommodation through the formal process, he had notified the respondent and the Tribunal a week prior to the hearing.

The Tribunal granted the adjournment, finding it fair and just in the circumstances, and directed that all future correspondence and disclosures be provided to the applicant in hard copy.