Bonny Mak Waterfall

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, gender identity, record of offences, and association, as well as reprisal.

The respondent requested that the application be dismissed on preliminary grounds.

The Tribunal dismissed the application in its entirety, finding that the 2011 allegations were out of time, the 2013 allegations had been resolved by a prior grievance settlement, and the remaining allegations regarding the applicant's termination for unsupported bereavement leaves had no reasonable prospect of success as there was no evidence linking the respondent's actions to a protected ground or reprisal.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability against her employer and her union.

The employer requested to defer the application pending a grievance arbitration, which the Tribunal denied as premature.

The union requested summary dismissal, arguing the application had no reasonable prospect of success.

The Tribunal granted the union's request, finding no evidence that the union obstructed the accommodation process or acted in reprisal.

The employer also sought dismissal based on delay.

The Tribunal dismissed the allegations relating to incidents prior to late 2012, finding the gap in time broke any series of incidents, but allowed the more recent allegations to proceed.

The applicant union sought judicial review to quash an arbitral award that enforced a four-party settlement agreement regarding regional flying ratios.

The applicant argued the settlement agreement had ceased to operate due to a changed corporate structure and a subsequent statutorily imposed collective agreement between only two of the parties.

The Divisional Court dismissed the application, finding the arbitrator's conclusion that the settlement agreement remained in force was reasonable, and that two parties could not unilaterally amend a four-party agreement through a bilateral statutory arbitration process.