Laverne Jacobs

The applicant, a seasonal employee and resident at a trailer campground, alleged discrimination in employment on the basis of disability after she was not rehired following knee surgery and a change in campground ownership.

She also alleged sexual harassment and sexual solicitation by the campground's outside manager, claiming her site licence was not renewed because she rejected his advances.

The Tribunal dismissed the disability discrimination claim, finding no employment relationship with the new owners and no prima facie case.

The Tribunal also dismissed the sexual solicitation claim, finding the licence non-renewal was due to an unrelated violent incident involving the applicant's boyfriend.

However, the Tribunal found that the manager made sexually harassing comments and that the corporate respondent failed to reasonably investigate the complaint, awarding $1,000 in general damages for sexual harassment in accommodation.

The applicant alleged discrimination on the basis of colour, ethnic origin, place of origin, and race after he was not hired for a Provincial Offences Officer position.

He claimed the respondents tampered with his employment test to ensure he received a failing grade.

The Tribunal found no evidence of tampering and concluded the test was marked correctly.

As the applicant failed to achieve the required passing grade, he did not establish that he was qualified for the position, and the application was dismissed for failing to make out a prima facie case of discrimination.

The applicant filed human rights applications alleging sexual harassment and reprisal against his former employer, several individuals, and his union, nearly four years after his employment was terminated.

The respondents requested that the applications be dismissed for delay under section 34 of the Human Rights Code, and the union additionally argued the matter had been dealt with by the Ontario Labour Relations Board.

The Tribunal found that the applicant failed to provide a reasonable explanation for the delay, concluding it was not incurred in good faith and that the passage of time would cause substantial prejudice to the respondents.

The applications were dismissed for delay.

The Ontario Human Rights Commission brought a motion requesting the Tribunal reopen a hearing on costs, alleging a breach of natural justice because it was not given adequate notice or the opportunity to call viva voce evidence regarding allegations against its staff.

The respondents argued the Tribunal was functus officio and that the Commission's appeal to the Divisional Court stayed the proceedings.

The Tribunal found that a breach of natural justice had occurred, which constituted an exception to the functus officio doctrine, allowing it to reopen the matter.

The Tribunal lifted the stay under the Statutory Powers Procedure Act but suspended the rehearing pending the outcome of the Divisional Court appeal.