5 total
Recusal motion dismissed; adjournment granted based on medical documentation of acute back pain.
The applicant requested an adjournment of the hearing due to medical reasons and subsequently requested that the adjudicator recuse herself, alleging a reasonable apprehension of bias.
The bias allegation was based on the adjudicator's slight personal acquaintance with the intervenor's counsel and her prior participation in a mediation session.
The Tribunal dismissed the recusal motion, finding no reasonable apprehension of bias.
The Tribunal granted the adjournment request, finding that the applicant's medical documentation provided some basis for her inability to attend the hearing due to an acute episode of back pain.
Human rights application partially dismissed and partially deferred due to concurrent union grievance proceedings.
The applicant filed a human rights application alleging discrimination in employment.
The respondents sought early dismissal of part of the application and deferral of the remainder, arguing that the allegations were the subject of union grievances.
At a teleconference hearing, the applicant conceded that a concluded grievance had appropriately dealt with the substance of the first part of the application, and that deferral was appropriate for the remaining allegations pending an ongoing second grievance.
The Tribunal dismissed the first part of the application under section 45.1 of the Human Rights Code and deferred the remainder.
Tribunal narrows scope of Wheel-Trans discrimination complaint and denies adjournment request to seek new counsel.
The applicant, a person with a disability who uses a wheelchair, filed a human rights complaint alleging discrimination and reprisal by the Toronto Transit Commission's Wheel-Trans service.
The respondent requested the dismissal of the application for failure to establish a prima facie case, non-compliance with disclosure rules, and improper expansion of the complaint's scope.
The Tribunal reviewed the specific incidents alleged and dismissed several for failing to establish a nexus to a Code ground, while allowing others to proceed to a hearing.
The Tribunal relieved against strict compliance with disclosure rules, struck systemic allegations that improperly expanded the scope of the individual complaint, and denied the applicant's request for an adjournment to retain new counsel.
Request to add personal respondent granted because his individual conduct was the central issue.
The applicant requested to add Frank Nigro as a personal respondent to a human rights application.
The Tribunal found that although he was not named in the initial application form, there was a compelling juridical reason to add him because his individual conduct was the central issue in the allegations of racial discrimination and sexual harassment.
The request to add the personal respondent was granted.
Appeal allowed; failure to return employee to former position after stress leave constituted constructive dismissal.
The appellant employee took a stress leave from her position as a service advisor at an automobile dealership.
Upon her return, the employer failed to place her in her former position or pay her the agreed-upon rate, instead assigning her menial tasks.
The trial judge found the employee did not wish to return to work and dismissed the action.
The Court of Appeal reversed, finding the employer unilaterally changed the fundamental terms of employment, constituting constructive dismissal.
The Court awarded 10 months' salary in lieu of notice, but declined to award Wallace damages as there was no bad faith.
