Judith A Hinchman

The applicant, a temporary bus operator, alleged discrimination in employment on the basis of disability and age after her employment was terminated and she was not hired for a full-time position.

The Tribunal found that the applicant's short-term illnesses (flu, minor car accident, eye infection) did not constitute a disability under the Code.

The Tribunal also found that the applicant's termination was based on documented performance issues, not her age, and that isolated comments referring to her as 'kido' or 'young' did not amount to harassment.

The application was dismissed.

The applicant settled her human rights application against the co-respondent union.

The remaining respondent employer sought production of the settlement agreement, arguing the settlement figures were relevant to the damages it might owe, as both respondents had conceded liability for a discriminatory collective agreement provision.

The Tribunal declined to use an O'Connor-type procedure but ordered production, finding that an exception to settlement privilege applied because the settlement figures were arguably relevant to the assessment of damages against the remaining respondent.