2 total
Tribunal declined to defer human rights application as pending grievance involved different subject matter.
The applicant filed an application alleging discrimination in employment based on disability.
The Tribunal issued a Notice of Intent to Defer under Rule 14.2 due to a pending grievance.
Both parties submitted that deferral was inappropriate because the subject matter of the respondent's WSIB appeal pre-dated and differed from the incidents in the application.
The Tribunal agreed, declined to defer the application, and directed the matter to proceed to mediation.
Arbitrator's finding that short-term disability re-qualification provision discriminated against partially disabled employees upheld as reasonable.
The applicant employer sought judicial review of an arbitration award finding that a re-qualification provision for short-term disability benefits was discriminatory.
The provision required employees to work three continuous 'regular work weeks' to re-qualify for benefits, which disadvantaged employees with partial disabilities who could only return to work part-time.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding that the provision discriminated against workers with partial disabilities who might never re-qualify for benefits despite working continuously at a reduced level.
