Alanna Mihalj

The applicant filed a human rights application alleging discrimination and reprisal by her employer.

The union intervened, and the applicant requested that the union be removed as an intervenor and added as a respondent.

The applicant also requested consolidation with another application, while the respondent requested deferral pending a grievance arbitration.

The Tribunal denied the request to add the union as a respondent, finding no factual foundation for a discrimination claim.

The Tribunal also denied consolidation due to different facts and stages of proceedings.

Finally, the Tribunal deferred the application pending the outcome of the grievance arbitration, which involved the same facts and issues.

The applicant, a long-serving employee with clinical depression, alleged discrimination in employment based on disability, record of offences, association, and reprisal.

The respondent requested a summary hearing to dismiss the application for having no reasonable prospect of success.

The Tribunal dismissed the allegations regarding record of offences, association, and reprisal based on the applicant's acknowledgments.

However, the Tribunal allowed the disability discrimination allegation to proceed, finding that the applicant's placement and progression in the attendance management program may have been influenced by disability-related absences, which required a full hearing to determine if the employer met its duty to accommodate.