2 total
Summary dismissal denied as factual disputes regarding the applicant's return from maternity leave required a full hearing.
The applicant alleged discrimination in employment on the basis of sex, claiming she was constructively dismissed when offered a demoted position upon returning from maternity leave.
The respondent argued her previous position was eliminated due to automation and offered her an equivalent role.
The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.
Finding clear conflicts between the parties regarding the equivalence of the positions and the reasons for the job changes, the Tribunal declined to dismiss the application, ordering it to proceed to a full evidentiary hearing.
Human rights application dismissed; termination was due to insubordination, not racial discrimination or harassment.
The applicant, a black female employed as a Telephone Representative, alleged she was subjected to racial discrimination and harassment by her supervisors, culminating in her termination.
The employer maintained that the applicant engaged in a pattern of insubordinate and confrontational behaviour, and that her termination was solely due to this unacceptable conduct.
The Tribunal found the applicant's evidence lacked credibility and that the employer had legitimate, non-discriminatory reasons for its performance management and disciplinary actions.
The application was dismissed, as the evidence did not establish that the employer's conduct was vexatious or based on race or colour.
