Hena Singh

The applicant alleged that the respondent contravened a settlement agreement by failing to provide a positive letter of reference as required by the Minutes of Settlement.

The Tribunal found that the letter provided by the respondent was neutral rather than positive, and therefore breached the agreement.

The Tribunal ordered the respondent to provide a positive letter of reference and awarded the applicant $1,000 in monetary compensation for injury to dignity, feelings, and self-respect resulting from the breach.

The Tribunal also granted the applicant's request to anonymize the decision to preserve the confidentiality intended by the original settlement.

The plaintiff employee moved to Ottawa for family reasons and sought to telecommute to his Toronto-based job.

The employer agreed only on the condition that the plaintiff sign a new fixed-term employment contract.

When the contract was not renewed, the plaintiff sued for wrongful dismissal, arguing the new contract was void for lack of consideration, duress, lack of agreement, and breach of the Employment Standards Act.

The court dismissed the motion for summary judgment and the action, finding the contract was validly formed with consideration and without duress.

While an early termination clause violated the ESA, it was severable, and the fixed-term provision remained valid.

The applicant filed a human rights application alleging discrimination after his employment was terminated for allegedly abandoning his job following a leave of absence.

The respondents requested early dismissal under section 45.1 of the Human Rights Code, arguing that a prior Employment Standards Officer decision awarding the applicant termination pay had appropriately dealt with the substance of the application.

The Tribunal denied the request, finding that the ESA decision addressed whether the applicant's conduct amounted to wilful misconduct, but did not address whether the termination failed to accommodate his Code-related needs.

The Tribunal also granted the applicant's request to file an amended Reply.

The applicant filed a human rights application alleging discrimination in employment on the basis of race and disability following his termination.

The Tribunal held a summary hearing in writing to determine if the application had no reasonable prospect of success.

The Tribunal dismissed the disability claim, finding the respondent had no knowledge of the applicant's medical issues prior to termination.

However, the Tribunal allowed the race discrimination claim to proceed to a full hearing, as the applicant's allegations of racist statements by a store manager required an assessment of evidence and credibility.

The applicant requested an order for the production of documents related to workplace investigations, electronic files, and vacation pay.

The respondent confirmed that no formal investigation occurred and provided the only existing meeting note, along with a summary of the applicant's vacation pay.

The Tribunal denied the request for further production, noting that the applicant could renew her request for specific vacation pay documents if necessary after reviewing the summary.