3 total
Deferred human rights application reactivated to determine if grievance arbitration appropriately dealt with its substance.
The applicant requested to reactivate his human rights application, which had been deferred pending the completion of a grievance proceeding.
An arbitrator had issued a decision on the grievance, canvassing all issues raised in the application.
The respondents argued the Tribunal had no basis to proceed given the arbitrator's decision, but did not oppose reactivation.
The Tribunal granted the request to reactivate and scheduled a preliminary hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code.
Human rights application deferred pending conclusion of concurrent grievance arbitration on the same issues.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
The respondent requested that the application be deferred because the applicant had already initiated concurrent grievance arbitration proceedings dealing with the same facts and issues.
The Tribunal found that deferral was warranted to avoid concurrent proceedings and the possibility of inconsistent decisions, and deferred the application pending the conclusion of the grievance arbitration.
Duty of fair representation complaint dismissed due to unexplained 42-month delay.
The applicant filed a duty of fair representation complaint against the union approximately 42 months after his termination.
The union and the intervenor employer sought to dismiss the application on the basis of undue delay.
The Board found that while the applicant experienced personal difficulties, he was able to attend school and file a human rights complaint during the delay period.
The Board concluded that the delay was extraordinary and unexplained, and dismissed the application.
