4 total
Application against interprovincial employer dismissed for federal jurisdiction; claim against provincial insurer proceeds.
The applicant filed a human rights application alleging discrimination on the basis of sex (pregnancy) against her employer, Brinks Canada Limited, and the insurance provider, Great West Life.
Brinks requested that the application against it be dismissed for lack of jurisdiction, arguing it is a federally-regulated interprovincial transportation undertaking.
The Tribunal agreed, finding Brinks falls under the exclusive jurisdiction of the Canadian Human Rights Commission, and dismissed the application against the employer.
However, the Tribunal found it retained jurisdiction over the provincially-regulated insurance provider regarding the denial of disability benefits.
Board orders specific terms for employment contract as remedy for sexual orientation discrimination.
The Ontario Board of Inquiry determined the outstanding remedial issue of the terms of an employment contract to be offered to the complainant following a finding of discrimination based on sexual orientation.
The Board ordered the respondent to offer the complainant a position as Co-ordinator of the Supervised Access Centre for a one-year term, renewable for a further year subject to performance.
The Board also ordered the respondent to reimburse the complainant for moving expenses up to $5,000 and provide a pay advance of $4,000.
Individual employees represented by a union lack standing to intervene in pay equity plan proceedings.
A group of individual teachers sought standing to participate in Pay Equity Hearings Tribunal proceedings regarding a pay equity plan negotiated between their employer and their bargaining agent.
The Tribunal dismissed their application and denied them intervenor status, finding that the Pay Equity Act does not provide individual employees represented by a bargaining agent with a statutory role in the preparation of a pay equity plan.
Furthermore, the teachers did not have a direct legal interest that would entitle them to party status at law, as the proceedings would not threaten the existence of their employment contracts or reduce their actual remuneration.
Board grants reconsideration of union certification due to allegations of prohibited employer support.
An employee requested the Ontario Labour Relations Board to reconsider its decision certifying the applicant union, alleging that the employer and union breached section 58 of the Labour Relations Act and that the employer provided support to the union in violation of section 13.
The union argued the request should be denied due to delay and because the evidence was known at the time of certification.
The Board held that the strict prohibition against employer support in section 13 warranted exercising its discretion to reconsider the certification decision.
The Board directed that a hearing proceed to determine whether the certification should be varied or revoked.
