Alois Jurcik v. Ace Labelling Inc. and Jim McGuinness, 2009 HRTO 2012

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alois Jurcik

Applicant

-and-

Ace Labelling Inc. and Jim McGuinness

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 24, 2009

Citation: 2009 HRTO 2012

Indexed as: Jurcik v. Ace Labelling

1A Hearing in this matter is scheduled for December 16, 2009. The purpose of this Interim Decision is to address the respondents’ request for production of documents.

2The applicant alleges that when he suffered a relapse of an old WSIB injury and required a leave of absence from work from September 2005, the employer harassed him and eventually terminated his employment. The respondents allege that the applicant abandoned his employment and did not respond to requests for medical information. Accordingly, they hired someone else to replace him.

3In his statement of additional facts, the applicant refers to surgery to his right hand in January 2006.

4The respondents have requested copies of the WSIB file from when the applicant contacted the WSIB to initiate a further claim in September 2005 and the hospital records pertained to the operation and post-operative treatment.

5As these records are arguably relevant to the applicant’s capacity to work from September 2005, they should be produced as soon as possible. The applicant is directed to request a copy of the WSIB file from September 2005 (or whenever in 2005 he first contacted the WSIB about his hand injury) to the present, and to request a copy of the operative report (if not already produced) and any post-operative reports, within five days of the date of this Decision. The applicant shall deliver these documents to the respondents as soon as they are received.