5 total
Request for further disclosure of medical records denied as applicant did not claim medical impact for earlier period.
The respondent requested further disclosure of the applicant's medical records pre-dating December 2011, arguing that the applicant's allegations of discrimination and harassment extended back to 2009.
The Tribunal dismissed the request, finding that the applicant was not relying on any medical evidence to support a claim for remedy arising out of alleged Code violations prior to December 2011, and there was no indication of prior psychiatric issues that would warrant further disclosure.
Tribunal orders partial production of applicant's medical records and respondent's harassment notes in discrimination claim.
In an application alleging workplace discrimination and harassment based on multiple grounds including disability, both parties filed requests for the production of documents.
The respondent sought the applicant's medical and psychological records, arguing she put her mental health at issue.
The Tribunal ordered the applicant to produce medical records from December 2011 onwards, balancing her privacy interests with the respondent's right to answer the case.
The applicant sought production of a letter, a security video, and harassment notes.
The Tribunal ordered the respondent to inquire about and produce the harassment notes if found, but could not order production of the letter and video as the respondent stated they no longer existed.
Human rights application dismissed because the employee failed to disclose his learning disability to the employer.
The applicant filed an application alleging discrimination in employment on the basis of a learning disability.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
The applicant acknowledged that he did not inform the respondent employer of his learning disability when he requested more time to learn tasks during his training period.
The Tribunal found that because the applicant failed to disclose his disability, there was no evidence connecting the employer's actions to a prohibited ground under the Code.
The application was dismissed for having no reasonable prospect of success.
Reconsideration of ballot counting denied; intervenors claiming to be true employers granted limited party status.
In an application for certification, the responding party requested reconsideration of a ruling that ordered the counting of ballots from a representation vote, arguing the union improperly changed its position on challenged voters.
The Board denied the reconsideration, finding the union had not resiled from its position.
The Board also granted party status to two intervenors who claimed to be the true employers of the subject employees, limiting their participation to evidence and submissions concerning their relationship with the responding party and the employees.
Interim relief granted reinstating union organizer to office duties pending unfair labour practice complaints.
The union applied for interim relief under section 92.1 of the Labour Relations Act, seeking to reinstate its chief inside organizer to her previous office duties pending the resolution of unfair labour practice complaints.
The employer had kept the organizer assigned to cashier duties following the conclusion of certification hearings, contrary to a prior Board order.
The Board found that the union established an arguable case of a breach of the Act and that the balance of harm favoured granting interim relief to preserve the status quo and ensure compliance with Board orders.
The Board ordered the organizer reinstated to her office duties with minor accommodations.
