HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Grant Moffatt
Applicant
-and-
Havelock Metal Products Inc.
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: October 30, 2015
Citation: 2015 HRTO 1459
Indexed as: Moffatt v. Havelock Metal Products Inc.
WRITTEN SUBMISSIONS
Grant Moffatt, Applicant
Self-represented
Havelock Metal Products Inc., Respondent
J. Christopher Russell, Counsel
1The applicant alleges discrimination with respect to employment on the basis of disability contrary to the Ontario Human Rights Code (the “Code”).
2The respondent filed a Response in which it seeks the dismissal of the Application pursuant to s. 45.1 of the Code on the basis that the substance of the Application has been appropriately dealt with pursuant to the Workplace Safety and Insurance Act. The applicant opposes the dismissal of the Application.
Decision
3The employer relies on a Decision dated October 19, 2012 in which the Workplace Safety and Insurance Board (“WSIB”) disallowed the applicant’s claim for benefits because the applicant had not established that his knee injury was as a result of a workplace accident.
4Section 45.1 reads as follows:
45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
5Having considered the matter, I find that the substance of the Application has not been appropriately dealt with by the WSIB. The issue that has been considered at the WSIB is whether the applicant’s disabilities are work related. It appears that the WSIB has concluded that the applicant’s disabilities are not work related. However, the Code contemplates that an employer must accommodate an employee’s disability regardless of whether it is work related. Therefore, the WSIB’s decision has not appropriately addressed the human rights issues raised in the Application. The respondent’s request to dismiss pursuant to section 45.1 is denied.
Next Steps
6In light of the parties’ consent, this matter will be scheduled for mediation.
7I am not seized.
Dated at Toronto, this 30th day of October, 2015.
“Signed By”
Geneviève Debané
Vice-chair