The applicant, a retail employee, alleged discrimination, harassment, and reprisal on the basis of disability regarding his employer's scheduling practices and his subsequent termination.
At a summary hearing, the Tribunal dismissed the scheduling allegations, finding no reasonable prospect of success because the applicant failed to provide sufficient medical documentation to trigger the duty to accommodate his restricted availability.
However, the Tribunal allowed the termination allegations to proceed to a merits hearing, as there were significant factual disputes regarding whether the applicant's conduct was disability-related and whether the termination constituted a reprisal.