The applicant filed an application alleging disability discrimination, claiming the employer rescinded a return-to-work offer because it could not accommodate his Multiple Sclerosis, despite accommodating a compensable elbow injury.
The Tribunal considered whether to defer the application pending the applicant's ongoing Workplace Safety and Insurance Board (WSIB) process.
The applicant opposed deferral, providing evidence that the WSIB declined jurisdiction over the non-compensable Multiple Sclerosis condition.
The Tribunal held that deferral was not warranted because the human rights allegations were not the subject of the WSIB proceeding.
The Tribunal ordered the application to proceed and directed the respondent to file a response.