Heather Ann McConnell

The applicants, a group of firefighters, alleged age discrimination after being required to retire at age 60.

They argued that the respondents failed to accommodate them by not developing an individual testing regime to assess their cardiac risk, relying on an exception discussed in previous jurisprudence.

The Tribunal held a summary hearing under Rule 19A to determine if the applications had a reasonable prospect of success.

The Tribunal found that the duty to accommodate does not require an employer to develop a testing regime upon a general request, and the applicants had not presented evidence of an exceptionally low cardiac risk to trigger an individual exception.

The applications were dismissed for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the grounds of record of offences and reprisal.

The Tribunal directed a summary hearing to determine if the application had a reasonable prospect of success.

Prior to the hearing, the applicant requested to amend the application to add the grounds of disability and sexual harassment.

The Tribunal allowed the amendment to add disability, as it was raised in the original application, but denied the addition of sexual harassment due to prejudice to the respondents.

Based on the amended application, the Tribunal found there was a reasonable prospect of success and declined to dismiss the application.

The applicant filed a human rights application alleging discrimination on the basis of disability, claiming his employer failed to accommodate his lifting restrictions following bypass surgery.

He also alleged his union mishandled his grievance and failed to advance it to arbitration.

The Tribunal held a summary hearing to determine if the application against the union had a reasonable prospect of success.

Finding no evidence or allegation that the union's conduct was based on a prohibited ground, the Tribunal dismissed the application against the union.